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HomeMy WebLinkAbout108-03 RESOLUTIONb 0 RESOLUTION NO. 108-03 A RESOLUTION TO APPROVE AN ENGINEERING CONTRACT WITH BLACK AND VEATCH CORPORATION IN THE NOT TO EXCEED AMOUNT OF $2,363,200.00 FOR ENGINEERING SERVICES RELATED TO IMPROVEMENTS TO THE NOLAN WASTEWATER TREATMENT PLANT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a lump sum contract in the not to exceed amount of Two Million Three Hundred Sixty -Three Thousand Two Hundred Dollars ($2,363,200.00) attached as Exhibit A. This lump sum contract engages Black and Veatch Corporation to provide engineering services to include: project management, value engineering support, project development, preparation of construction contract specifications and drawings, estimating probable construction costs, and providing bidding and negotiation services for three construction contracts and one procurement contract (as more particularly described in the contract) related to improvements to the Nolan Wastewater Treatment Plant. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Dan Coody to execute this contract (Exhibit A) to hire Black and Veatch Corporation for this project. PASSED and APPROVED this the 15th day of July, 2003. IFYCrr, APPROVED: L6a (2a1 By: DAN COODY, May r By: amd&.a2 Sondra Smith, City Clerk r 0 NAME OF FILE: Resolution No. 108-03 w/Agreement CROSS REFERENCE: Item # Date Document 1 1 1 6;/6/03 IStaff Review Form w/attachments memo to City draft resolution 1 2 1 07/30/03 I memo to Greg Boettcher NOTES: • STAFF REVIEW FORM •7/i3/03 X AGENDA REQUEST CONTRACT REVIEW L6oaf GRANT REVIEW For the Fayetteville City Council Meeting of: 3c4 /S dtme9O, 2003 Greg Boettcher Water/Wastewater Water/Wastewater Name Division Department ACTION REQUIRED: Approve a contract with Black and Veatch of Kansas City, MO for the design and bidding of the Noland Wastewater Treatment Plant improvements portion of the Wastewater System Improvements Project, said contract providing for a lump sum means of compensation with a contract amount of $2,363,200.00. COST TO CITY: 52,363,200.00 Cost of this request 4480.9480.5315.00 Account Number 02133-0303 Project Number $ 48,202,040.00 $ 13,046.00 Funds Used to Date $ 48,188,994.00 Remaining Balance Water/Wastewater Program Category / Project Name Wastewater System Improvements Program / Project Category Name Sales Tax -Wastewater Fund Name BUDGET REVIEW: X Budgeted Item Budget Adjustment Attached Budget Manager Date CONTRACT/GRANT/LEASE REVIEW: 1%5& w. �ed/o 3 .3 i% Accou ting Manape Date Internal uditor Date /sio3 P ______________ l9f5Joa Cit Attorney Date Purchasing Manager Date STAFF Division Head Date G- L -O3 Depar Date ment Director —5-O3 Finance & Internal Services Dir. Date 41 74 / Orig. Contract Number 6-a" Chieftinisl alive Office rative Officer Date' y Mayor / " Date 2 New Item: Yes Previous Ord/Res#: Orig. Contract Date Rec'd in/J1�Cyor's3 Office _L� No Description Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager ADA Coordinator Internal Auditor Grants Coordinator • Staff Review Form - Page 2 • Meeting Date Reference Comments: I E FAYETTEVILLE T11F CITY OF FAYETTEVILLE, ARKANSAS WATER AND WASTEWATER DIVISION DEPARTMENTAL CORRESPONDENCE TO: Fayetteville City Council A D 1 FROM: Greg Boettcher, P.E. Water & Wastewater Director THRU: Dan Coody, Mayor of Fayetteville ,may Hugh Earnest, Chief Administrative Officerp(/(J DATE: July 10, 2003 RE: WASTEWATER SYSTEM IMPROVEMENT PROJECT Black & Veatch Noland Wastewater Plant Design/Bidding Phase Service Contract BACKGROUND The citizens of Fayetteville have approved a S125 million sales tax bond issue to address the capital costs for a critically -needed wastewater system improvement project. The passage of this'/. -cent sales tax enabled low-cost, accelerated financing for said project, scaling back customer rate impact from 134% to 38%. Since passage of the sales tax in late 2001, the City Administration, consultants and regulators have completed a number of funding, environmental, procedural and program functions; finalizing the preliminary design phase of the wastewater system improvement project. Activities that have been completed during such time period include: • Secure technical approvals of engineering concepts • Complete Cultural Resource Surveys as required by Arkansas' State Historic Preservation Officer ■ Solidify financing arrangements using a combination of SRF and private funding • Develop an integrated program for this large capital improvement project, including: ✓ selection of program manager ✓ development of standard project bidding materials ✓ creation of an integrated construction program bringing together the multiple consultants, projects and needs ✓ acceleration of project construction by incorporating a prioritized, segmented approach that anticipates 13 bidding packages Development of a standard professional services agreement Capitalization on cost -saving opportunities that have substantial financial benefits ✓ Broyles Road Analysis ✓ Outfall Line Assessment ✓ Future benefits of team design, peer reviews, operations involvement, constructability critiques, program management and value engineering Negotiation of professional service agreements with the engineering/program management consultants that have explicit scopes of work, exacting performance schedules, and defined compensation. DISCUSSION The Fayetteville City Council, at a special meeting on July 8, 2003 placed the negotiated professional service agreements on the City Council Agenda. The attached contract with Black & Veatch, relates to design and bidding phase services for the Noland Wastewater Plant component of this wastewater improvement program, the specifics of this contract being summarized as follows: CORE ELEMENTS -(l) Addition of sludge dewatering facilities, (2) expanded wet weather pumping capacity, (3) new odor control system, (4) headworks improvements, (5) plant equipment contracts, and (6) ancillary plant improvements. COMPENSATION- $2,363,200.00 The design and bidding phase services set forth in the proposed agreement are associated with the Fayetteville Vision 2020 Guiding Principles listed below: 1. Naturally Beautiful City: Our Mountains and Hills, Our Creeks, Our Open Greenspaces 2. Well maintained City Infrastructure and Facilities The completion of the west side wastewater treatment plant and associated improvements are necessary for the targeted benefits of the wastewater system improvement program to be realized; therefore, the contract approval is integral to the maintenance of infrastructure and facilities. RECOMMENDATIONS To provide the proper and responsible management of the Fayetteville Wastewater System, the City Administration recommends that the Fayetteville City Council approve a contract with Black & Veatch for S2,363,200.00 to design the predicted $17.1 million of project construction. This activity was reviewed and approved by the Fayetteville Water and Sewer Committee on June 5, 2003. RESOLUTION NO. A RESOLUTION TO APPROVE AN ENGINEERING CONTRACT WITH BLACK AND VEATCH CORPORATION IN THE NOT TO EXCEED AMOUNT OF $2,363,200.00 FOR ENGINEERING SERVICES RELATED TO IMPROVEMENTS TO THE NOLAN WASTEWATER TREATMENT PLANT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYEITEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a lump sum contract in the not to exceed amount of Two Million Three Hundred Sixty -Three Thousand Two Hundred Dollars ($2,363,200.00) attached as Exhibit A. This lump sum contract engages Black and Veatch Corporation to provide engineering services to include: project management, value engineering support, project development, preparation of construction contract specifications and drawings, estimating probable construction costs, and providing bidding and negotiation services for three construction contracts and one procurement contract (as more particularly described in the contract) related to improvements to the Nolan Wastewater Treatment Plant. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Dan Coody to execute this contract (Exhibit A) to hire Black and Veatch Corporation for this project. PASSED and APPROVED this the 15th day of July, 2003. APPROVED: By: ATTEST: By: Sondra Smith, City Clerk DAN COODY, Mayor Contract Information was included in the Design Contracts Manual Dated June 10, 2003. Copies are available in the City Clerk's Office FAYETTEV&LE S THE CITY Of FAYETTEVILLL ARKANSAS DEPARTMENTAL CORRESPONDE To: Greg Boettcher Water & Wastewater �� Q From: Clarice Buffalohead-Pearman 0 City Clerk's Division Date: 7/30/2003 Re: Resolution Nos. 101-03, 108-03 thru 112-03 Attached are copies of the above resolutions passed July 15, 2003, by the City Council for the wastewater treatment plants Also attached are executed agreements signed by the mayor and city clerk as follows: 1. Res, No. 101-03: two original copies of the agreement with CH2M Hill, Inc. 2. Res. No. 108-03: two original copies of the agreement with Black & Veatch Corporation. 3. Res. No. 109-03: one original copy of the agreement with Bums & McDonnell Engineering Company, Inc. 4. Res, No. 110-03: two original copies of the agreement with Garver Engineers, LLC. 5. Res. No. 111-03: two original copies of the agreement with McGoodwin, Williams and Yates, Inc.. Appendix A-1 has a form for LSD uncompleted. Appendix A-1, page 14 and page 15 have forms that need to be completed and signed by the landscape administrator. I assume that the city is not to this phase as of yet. Please return a copy of these pages to the city clerk's office for filing when this process is completed. Thank you in advance for your cooperation. 6. Res. No. 112-03: two copies of the agreement with RJN Group, Inc. These resolutions along with the Exhibit As will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the city clerk's office know. /cbp Attachment(s) cc: Nancy Smith, Internal Auditor MICROFILMED PROPOSAL FOR ENGINEERING SERVICES Noland Wastewater Treatment Plant City of Fayetteville Fayetteville, Arkansas Submitted to Department of Public Works May 27, 2003 BLACK & VEATCH CORPORATION I AGREEMENT For ' PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS ' And BLACK & VEATCH CORPORATION ' THIS AGREEMENT is made as of , 2003, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and BLACK & VEATCH CORPORATION with offices located in Kansas City, Missouri (hereinafter called BLACK & VEATCH). I Ti Li I I I I Li I I I I I CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the planning, design, permitting, construction, operation, maintenance, management, and financing of the Fayetteville Wastewater System Improvement Project and in particular Noland Wastewater Treatment Plant Improvements (The "Project"). Therefore, CITY OF FAYETTEVILLE and BLACK & VEATCH in consideration of their mutual covenants agree as follows: BLACK & VEATCH shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of BLACK & VEATCH's services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. If Construction Phase Services are to be provided by BLACK & VEATCH under this Agreement, the construction shall be executed under the observation of a professional engineer registered in the State of Arkansas in accordance with Arkansas Code Amended §22-9-101. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of BLACK & VEATCH. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of BLACK & VEATCH. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Professional Services-Designer-Rev4.doc A - 1 052303 Cygnet: 90104 Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2- BASIC SERVICES OF BLACK & VEATCH ' 2.1 General 2.1.1 Perform professional design services in connection with the Project as hereinafter stated, which shall include normal civil, structural, mechanical, and electrical engineering services and normal architectural design services incidental thereto. 2.1.1.1 The Scope of Services to be furnished by BLACK & VEATCH during the Final Design Phase is included in Section 2.2 hereafter and in Appendix A attached hereto and made part of this Agreement. 2.1.1.2 The Scope of Services to be furnished by BLACK & VEATCH during the Bidding Phase is included in Section 2.3 hereafter and in Appendix B attached hereto and made part of this Agreement. 2.1.1.3 The Scope of Services to be furnished by BLACK & VEATCH during the Construction Phase, if any, will be finalized and contained in an amendment to this Agreement after ' Final Design is completed. ' 2.1.1.4 The Scope of Services to be furnished by BLACK & VEATCH during the Post - Construction Phase, if any, will be finalized and contained in an amendment to this Agreement after Final Design is completed. 2.1.1.5 The preliminary Scope of Services to be furnished by BLACK & VEATCH for Resident ' Services During Construction, if any, will be finalized and contained in an amendment to this Agreement after Final Design is completed. 2.1.2 CITY OF FAYETTEVILLE has retained the services of BURNS & McDONNELL ' ENGINEERING COMPANY, [NC., a Missouri Corporation specializing in consulting engineering services, as the "Program Manager" for the Wastewater System Improvement ' Project. The professional design services to which this Agreement applies are a part of the Wastewater System Improvement Project. BLACK & VEATCH shall coordinate their activities and services primarily with Program Manager and all other parties that CITY OF Professional Services-Designer-Rev4.doc A — 2 052303 ' Cygnet: 90104 I 11 I ' 2.2 FAYETTEVILLE may contract with for program management or professional design services as a part of the Wastewater System Improvement Project. BLACK & VEATCH and CITY OF FAYETTEVILLE agree that BLACK & VEATCH has full responsibility for the engineering design. Final Design Phase ' 2.2.1 Prepare for incorporation in the Contract Documents detailed drawings to show the character and scope of the Work to be performed by contractors on the Project (hereinafter called the "Contract Drawings"), and Invitation to Bid, Instructions to Bidders, Bid Form, Agreement and Bond forms, General Conditions, and Specifications (all of which, together with the Contract Drawings, are hereinafter called the "Bid Documents") for review and approval by CITY OF FAYETTEVILLE, its legal counsel, and other advisors as appropriate, and assist CITY OF FAYETTEVILLE in the preparation of other related documents. 2.2.1.1 Bid documents shall be based on Construction Specifications Institute (CSI) Master Format and Section Format and shall incorporate CITY OF FAYETTEVILLE's standard general conditions and forms. Bid documents shall include required forms for State Revolving Loan Fund funding. Text documents shall be provided to CITY OF FAYETTEVILLE in Microsofto Word Office 2000 version software. Contract drawings ' shall be prepared using standard borders, sheet sizes, title blocks and CADD standards provided by CITY OF FAYETTEVILLE. BLACK & VEATCH may use their normal software for the preparation of drawings but the final product shall be provided to CITY OF FAYETTEVILLE in Autodesk AutoCAD version 2000i. 2.2.1.2 Develop and include in Appendix A of this Agreement for approval by CITY OF FAYETTEVILLE, a project design schedule in which BLACK & VEATCH shall include, in an acceptable level of detail, the steps and milestone dates to be undertaken by BLACK & VEATCH in the completion of this final design. This Schedule shall include reasonable allowances for review and approval times required by CITY OF FAYETTEVILLE, performance of services by CITY OF FAYEIIEVILLE's ' consultants, and review and approval times required by public authorities having jurisdiction over the Project. This schedule shall be equitably adjusted as the Project ' progresses, allowing for changes in scope, character or size of the Project requested by CITY OF FAYETTEVILLE, or for delays or other causes beyond BLACK & Professional Services-Designer-Rev4.doc A — 3 052303 ' Cygnet: 90104 u 1J I I I I I I I I I I I I I I I VEATCH's reasonable control. Nonconformance with this schedule by BLACK & VEATCH and its subconsultants may result in the assessment of damages payable by BLACK & VEATCH to the CITY OF FAYETTEVILLE for costs and damages incurred. The maximum cost liability of BLACK & VEATCH shall be limited to the total gross amount payable to or through the Consultant authorized under this agreement, including amendments thereto. 2.2.1.2.1 The progress design schedule shall consist of a bar chart schedule depicting the duration of each sub -project and the discrete milestone activities which make up the sub -projects, but at a minimum shall include contract drawings, contract specifications, and design reviews as indicated in Section 2.2.10. Separate line items and durations may be shown for costs that apply to the Project as a whole, including, but not limited to, Project Management and Administration, Insurance, Value Engineering, surveys, subcontracted work, and property acquisition and easement documents. BLACK & VEATCH shall assign to each schedule activity of the progress design schedule a corresponding cost value that shall include a monthly allocation for labor, expenses, overhead, and profit. The sum of all cost values assigned shall equal the Lump Sum Amount shown in Section 6.1.1. of this Agreement. 2.2.1.3 When requested by the CITY OF FAYETTEVILLE's Public Works Director, prepare for and attend up to four City Council meetings to provide periodic updates on the progress of the final design. 2.2.1.4 If the plans and specifications for the project require bids on alternates in addition to a base bid, there shall be no more than three (3) alternates, and the alternates shall be developed and described in accordance with Title 22, Article 9-203 of the Arkansas Code. 2.2.1.5 To the extent practicable, evaluate the feasibility of sequencing and segmenting the Work into stand alone multiple construction or procurement packages which may yield immediate operating benefits to the CITY OF FAYETTEVILLE and give these first priority for completion. The separate design or procurement packages to be completed by BLACK & VEATCH are listed below. Professional Services-Designer-Rev4.doc A-4 052303 Cygnet: 90104 2.2.1.5.3 2.2.1.5.4 1. Solids Handling Facilities 2. Procurement of Belt Filter Presses 3. Headworks and Other Plant Improvements 4. Wet Weather Facilities 2.2.2 Prepare technical criteria, written descriptions, design data, and applications necessary for filing applications for permits from or approvals of the following applicable governmental authorities having jurisdiction to review or approve the final design of the Project and assist in securing approvals. Approval letters and permits shall be furnished to the Arkansas Soil and Water Conservation Commission, including the written approvals from the Arkansas Department of Health and the Arkansas Division of Environmental Quality. Actual Filing and Permit Fees will be paid by the CITY OF FAYETTEVILLE. Assist CITY OF FAYETTEVILLE in consultations with appropriate authorities. 2.2.2.1 Arkansas Soil and Water Conservation Commission (ASWCC) 2.2.2.2 Arkansas Department of Health (AHD) 2.2.2.3 Arkansas Department of Environmental Quality (ADEQ) 2.2.2.4 U.S. Army Corps of Engineers (COE) 2.2.2.5 Fayetteville Planning Commission 2.2.2.6 Arkansas State Highway and Transportation Department 2.2.3 Advise CITY OF FAYETTEVILLE of adjustments in excess of five percent of the cost opinion for the Project caused by changes in scope, design requirements, or construction costs and furnish a revised cost opinion for the Project based on the final Bid Documents. 2.2.4 Advise CITY OF FAYETTEVILLE of final Opinion of Probable Project Costs, including, but not limited to, construction, inspection, testing, startup, O&M Manuals, and one-year performance evaluation. Professional Services-Designer-Rev4.doc A — 5 052303 Cygnet: 90104 I 2.2.5 Furnish CITY OF FAYETTEVILLE with 10 copies of the final Bid Documents. I I El 11 I I I I I I I I I 2.2.6 Determine land and easement requirements and provide consultation and assistance on property procurement as related to professional engineering services being performed. 2.2.7 Provide appropriate professional interpretations of data, geotechnical investigations, core borings, probings and subsurface explorations, hydrographic surveys, laboratory tests, and inspections of samples, materials and equipment obtained through subcontract services for authorized Project services including property, boundary, easement, right -of --way, topographic, and utility surveys; noting zoning and deed restrictions. 2.2.7.1 Fully disclose all subcontract agreements including the name and address of the subconsultant, the scope of services to be provided and the value of the subcontract agreement. 2.2.7.2 Incorporate into all subcontract agreements for planning and design engineering services the applicable milestone dates from the Submittal Schedule contained in the Memorandum of Agreement, as amended, between ASWCC and the CITY OF FAYETTEVILLE and require all BLACK & VEATCH subconsultants to be bound by the Submittal Schedule. 2.2.7.3 BLACK & VEATCH will provide a preliminary and final project performance work plan for submission to ASWCC 2.2.8 Render monthly Work progress reports to CITY OF FAYETTEVILLE and Program Manager and confirm status of compliance with final design schedule. 2.2.9 Provide to the Program Manager in a format mutually acceptable to the Program Manager and BLACK & VEATCH such schedules, reports, opinions of probable costs, renderings, project summaries, and other data as may be required, for posting by others on a project web site to allow the public to monitor and review the activities, materials, and financial status of the project. Refresh the data supplied to the Program Manager no more frequently than monthly. 2.2.10 Design shall be reviewed by CITY OF FAYETTEVILLE, or such parties as CITY OF FAYETTEVILLE shall designate, at the applicable completion levels outlined below. Professional Services-Designer-Rev4.doc A — 6 052303 Cygnet: 90104 ri 1 2.2.10.1 West Side Collection System Improvements — 30 percent and 90 percent. ' 2.2.10.2 East Side Collection System Improvements — 30 percent and 90 percent. ' 2.2.10.3 West Side WWTP: I • Plant Access Road and Improvements — 30 percent and 90 percent. • Plant Effluent Line — 30 percent and 90 percent. • West Side Wastewater Treatment Plant — 30 percent, 60 percent, and 90 percent. 1 2.2.10.4 Paul Noland Facility: ii I I • Wet Weather Package — 30 percent and 90 percent. • Headworks Package — 30 percent, 60 percent, and 90 percent. • Solids Handling Package — 30 percent, 60 percent, and 90 percent. 2.2.11 See Appendix A for additional services or clarification of services to be provided by BLACK & VEATCH. ' 2.3 Bidding Phase I 2.3.1 BLACK & VEATCH will follow Arkansas Soil and Water Conservation Commission statutory bidding protocol for State Revolving Loan Fund. I C I I C I n 2.3.2 Arrange for bidding notices to be sent to contractors publishing services and direct mailing to contractors of record. Notices shall comply with requirements of CITY OF FAYETTEVILLE and Revolving Loan Fund (RLF) administered by the Arkansas Soil and Water Conservation Commission, Construction Assistance Division, and the Arkansas Development Finance Authority (ADFA). The legal notice to be placed in legal notices section of a local newspaper(s) of countywide and statewide circulation and shall be coordinated with CITY OF FAYETTEVILLE purchasing agent and an affidavit of publication secured. 2.3.3 Prepare addenda for drawings and Bid Documents as required and submit to Program Manager in timely manner such that addenda can be issued by BLACK & VEATCH in accordance with Construction Contract General Conditions. All bidding protocols shall conform to ASWCC statutory requirements with all addenda being approved by ASWCC prior to issuance. Professional Services-Designer-Rev4.doc A - 7 052303 Cygnet: 90104 I I I I I I I LII I I I 2.3.4 Secure updated state and federal wage rate decisions and incorporate into the Bid Documents. Update wage rate decision by addendum if necessary. 2.3.5 Assist CITY OF FAYETTEVILLE by issuing and tracking Bid Documents, addenda and communications during bidding and maintain list of plan holders. Print and distribute copies of plans and specifications for all prospective bidders and plan rooms. Collect from prospective bidders an appropriate non-refundable fee to offset cost of reproducing and distributing Bidding Documents. 2.3.5.1 BLACK & VEATCH shall attend a Pre -Bid Conference organized, convened, and conducted by the Program Manager to explain the project requirements and receive questions from prospective bidders. BLACK & VEATCH shall consider the questions received and issue necessary clarifications and changes to the Bid Documents through the use of addenda. Make logistical arrangements for and conduct a site tour of the project area. 2.3.6 Assist CITY OF FAYETTEVILLE in obtaining and evaluating bids and preparing construction contracts. BLACK & VEATCH shall prepare and submit bid certification documents to ASWCC for review. 2.3.7 Consult with and advise CITY OF FAYETTEVILLE as to the acceptability of subcontractors and other persons and organizations proposed by the prime construction contractor(s), hereinafter called "Contractor(s)," for those portions of the work as to which such acceptability is required by the Bid Documents. ' 2.3.8 Make recommendations regarding award of construction contracts. I I I J I I 2.3.9 Attend Water and Sewer Committee meeting and the ensuing City Council meeting to recommend action by the respective bodies. Prepare and present a recommendation complete with such supporting information as necessary for the bodies to make an informed decision on the action recommended. 2.3.10 Develop and include in Appendix B of this Agreement, a bidding services schedule in which BLACK & VEATCH shall include, in an acceptable level of detail, the steps and milestone dates to be undertaken by BLACK & VEATCH in the completion of the bidding services. The bidding services schedule shall consist of a bar chart schedule depicting the duration of the bidding period of each sub -project and the discrete milestone activities which make up the Professional Services-Designer-Rev4.doe A — 8 052303 Cygnet: 90104 I I I I I I J I I I I I L I sub -projects. Separate line items and durations may be shown for costs that apply to the Project as a whole, including, but not limited to, Project Management and Administration, and Insurance. BLACK & VEATCH shall assign to each schedule activity of the bidding services schedule a corresponding cost value which shall include a monthly allocation for labor, expenses, overhead, and profit. The sum of all cost values assigned shall equal the Lump Sum Amount shown in Section 6.1.2. of this Agreement. 2.3.11 See Appendix B for additional services or clarification of services to be provided by BLACK & VEATCH. 2.4 Construction Phase 2.4.I The scope of Construction Phase Services, if any, will be negotiated following completion of Design Phase Services. 2.5 Post -Construction Phase 2.5.1 The scope of Post -Construction Phase Services, if any, will be negotiated following completion of Design Phase Services. 2.6 Resident Services During Construction 2.6.1 The scope of Resident Services During Construction, if any, will be negotiated following completion of Design Phase Services. SECTION 3- ADDITIONAL SERVICES OF BLACK & VEATCH 3.1 General If authorized in writing by the CITY OF FAYETTEVILLE Mayor and the City Council and agreed to in writing by BLACK & VEATCH, BLACK & VEATCH shall furnish or obtain from others Additional Services of the following types that are not considered normal or customary Basic Services. The scope of Additional Services may include: ' 3.1.1 Grant and Loan Assistance ' Prepare applications and supporting documents for governmental grants, loans, or advances. Professional Services-Designer-Rev4.doc A — 9 052303 Cygnet: 90104 I 3.1.2 Financial Consultation Consult with CITY OF FAYETTEVILLE's fiscal agents and bond attorneys and provide such engineering data as required for any bond prospectus or other financing requirements. 3.1.3 Administrative Assistance IProvide Contract and Project administration to the degree authorized by CITY OF FAYETTEVILLE. ' 3.1.4 Furnishing renderings or models of the Project for CITY OF FAYETTEVILLE's use. 3.1.5 Miscellaneous Studies I [I Li Investigations involving detailed consideration of operations, maintenance, and overhead expenses, and the preparation of rate schedules, earnings, and expense statements; feasibility studies; appraisals and valuations; detailed quantity surveys of material, equipment, and labor; and audits or inventories required in connection with construction performed by CITY OF FAYETTEVILLE. 3.1.6 Preparing to serve or serving as a witness for CITY OF FAYETTEVILLE in any litigation or other proceeding involving the Project. ' 3.1.7 Extra Services I 3.1.7.1 Services not specifically defined heretofore that may be authorized by CITY OF FAYETTEVILLE. ' 3.2 Contingent Additional Services I I I I I 3.2.1 If services described under Contingent Additional Services in Paragraph 3.2 are required due to circumstances beyond BLACK & VEATCH's control, BLACK & VEATCH shall notify CITY OF FAYETTEVILLE and request a formal contract amendment approved by the Mayor and the City Council prior to commencing such services. If CITY OF FAYETTEVILLE deems that such services described in 3.2 are not required, CITY OF FAYETTEVILLE shall give prompt written notice to BLACK & VEATCH. If CITY OF FAYETTEVILLE indicates in writing that all or parts of such Contingent Additional Services are not required, BLACK & VEATCH shall have no obligation to provide those services. Professional Services-Designer-Rev4.doc A — 10 Cygnet: 90104 052303 I 1. I I I I I 3.2.2 Making revisions in Drawings. Specifications, or other documents when such revisions are: 3.2.2.1 Required because of inconsistent approvals or instructions previously given by CITY OF FAYETTEVILLE, including revisions made necessary by adjustments in CITY OF FAYETTEVILLE's program or Project Budget. 3.2.2.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents. SECTION 4- RESPONSIBILITIES OF CITY OF FAYETTEVILLE CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of BLACK & VEATCH: ' 4.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. I 4.2 Assist BLACK & VEATCH by placing at BLACK & VEATCH's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 4.3 Guarantee access to and make all provisions for BLACK & VEATCH to enter upon public ' and private property as required for BLACK & VEATCH to perform his services under this Agreement. C C C I H I I I I 4.4 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals, and other documents presented by BLACK & VEATCH and render in writing decisions pertaining thereto. 4.5 Provide such professional legal, accounting, financial, and insurance counseling services as may be required for the Project. 4.6 Designate in writing a person to act as CITY OF FAYETTEVILLE's representative with respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. Professional Services-Designer-Rev4.doc A - II 052303 Cygnet: 90104 I LJ I F I H H [1 [J L C 4.7 Give prompt written notice to BLACK & VEATCH whenever CITY OF FAYETTEVILLE observes or otherwise becomes aware of any defect in the Project. 4.8 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. Pay directly to the governmental authorities the actual filing and permit fees. 4.9 Pay for placement of legal notices and advertisements in newspapers or other publications required by program requirements of the Wastewater System Improvement Project. 4.10 Furnish, or direct BLACK & VEATCH to provide, necessary Additional Services as stipulated in Section 3 of this Agreement or other services as required. 4.11 If CITY OF FAYETTEVILLE's standard bidding requirements, Agreement forms and General Conditions are to be used, CITY OF FAYETTEVILLE shall provide copies of such documents for BLACK & VEATCH's use in coordinating the Contract Drawings and Specifications. 4.12 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to BLACK & VEATCH in a timely manner. ' SECTION 5- PERIOD OF SERVICE L L L L L I I I 5.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 5.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. BLACK & VEATCH will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. Professional Services-Designer-Rev4.doc A - 12 Cygnet: 90104 052303 ' SECTION 6- PAYMENTS TO BLACK & VEATCH 6.1 Compensation 6.1.1 Final Design Phase Services For the Scope of Services during the Final Design Phase described herein, CITY OF FAYETTEVILLE shall pay BLACK & VEATCH the lump sum amount of Two Million Two Hundred Twenty Three Thousand Nine Hundred United States Dollars (US $2,223,900.00). 6.1.1.1 Subject to the City Council approval, adjustment of the lump sum amount may be made should BLACK & VEATCH establish and CITY OF FAYETTEVILLE agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed; or if CITY OF FAYETTEVILLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. Changes, modifications or amendments in scope, ' price or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. 6.1.1.2 Monthly statements for each calendar month shall be submitted to CITY OF ' FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for Design services consistent with BLACK & VEATCH's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by BLACK & VEATCH and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project design ' schedule as the basis for determining the value earned as the work is accomplished. Final payment for Design services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the Design phase for the Project. 6.1.2 Bidding Phase Services For the Scope of Services during the Bidding Phase described herein, CITY OF FAYETTEVILLE shall ' pay BLACK & VEATCH the lump sum amount of One Hundred Thirty Nine Thousand Three Hundred United States Dollars (US $139,300.00). Professional Services-Designer-Rev4.doc A — 13 052303 Cygnet: 90104 I 6.1.2.1 Subject to prior City Council approval, adjustment of the lump sum amount may be made should BLACK & VEATCH establish and CITY OF FAYETTEVILLE agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed; or if CITY OF FAYETTEVILLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. 6.1.2.2 Monthly statements for each calendar month shall be submitted to CITY OF ' FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for Bidding Phase services consistent with BLACK & VEATCH's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by BLACK & VEATCH and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated bidding services schedule as the basis for determining the value earned as the work is accomplished. Final payment for Bidding Phase services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the Bidding Phase for the Project. 6.1.3 Construction Phase Services This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Design Phase Services. 6.1.4 Post -Construction Phase Services This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Design Phase Services. 6.1.5 Resident Services During Construction This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Design Phase Services. I Professional Services-Designer-Rev4.doc A - 14 052303 Cygnet: 90104 I ' 6.1.6 Additional Services For authorized Additional engineering services under Section 3, "Additional Services", compensation to BLACK & VEATCH shall be negotiated at the time Additional services are authorized. 6.2 Statements Statements and updated progress schedule for each calendar month will be submitted in electronic format simultaneously to CITY OF FAYETTEVILLE and Program Manager, followed by signed original ' document to CITY OF FAYETTEVILLE. Statements will he based on BLACK & VEATCH's estimated percent of services completed at the end of the preceding month, and justified by the updated progress ' schedule. Program Manager shall review the statement and forward them to CITY OF FAYETTEVILLE with his recommendations. 6.3 Payments ' All statements are payable upon receipt and due within thirty (30) days. If a portion of BLACK & VEATCH's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by '• TT CITY OF FAYEEVILLE by the due date. CITY OF FAYETTEVILLE shall advise BLACK & VEATCH in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE ' will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 6.4 Final Payment ' Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, BLACK & VEATCH shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY ' OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by BLACK & VEATCH to be set forth therein. Unless otherwise provided in this Agreement ' or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against BLACK & VEATCH or his sureties under this Agreement or applicable performance and payment bonds, if any. 1 Professional Services-Designer-Rev4.doc A — I5 052303 ' Cygnet: 90104 I incorporated into all Construction Contracts entered into by CITY OF FAYETTEVILLE, and all construction Contractors shall be required to provide waivers of subrogation in favor of CITY OF FAYETTEVILLE, BURNS & McDONNELL and BLACK & VEATCH for damage or liability covered by any construction Contractor's policy of insurance. ' 7.2 Professional Responsibility 7.2.1 BLACK & VEATCH will exercise reasonable skill, care, and diligence in the performance of BLACK & VEATCH's services and will carry out its responsibilities in accordance with ' customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to BLACK & VEATCH any defects or suspected defects in BLACK & ' VEATCH's services of which CITY OF FAYETTEVILLE becomes aware, so that BLACK & VEATCH can take measures to minimize the consequences of such a defect. CITY OF ' FAYETTEVILLE and BLACK & VEATCH further agree to impose a similar notification requirement on all construction contractors in the Bid Documents and shall require all subcontracts at any level to contain a like requirement. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of BLACK & VEATCH. I I I I I I I I I I 7.2.2 In addition BLACK & VEATCH will be responsible to CITY OF FAYETTEVILLE for damages caused by its negligent conduct during its activities at the Project Site to the extent covered by BLACK & VEATCH's Commercial General Liability and Automobile Liability Insurance policies as specified in Paragraph 7.1.1. 7.3 Cost Opinions and Projections Cost opinions and projections prepared by BLACK & VEATCH relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on BLACK & VEATCH's experience, qualifications, and judgment as a design professional. Since BLACK & VEATCH has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, BLACK & VEATCH does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by BLACK & VEATCH. Professional Services-Designer-Rev4.doc A — 17 Cygnet: 90104 052303 11 I7.4 Changes I Ti Li L J I CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of BLACK & VEATCH's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the President or any Vice President of BLACK & VEATCH. 7.5 Termination 7.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other parry is given: 7.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ' 7.5.1.2 An opportunity for consultation with the terminating party prior to termination. 7.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF ' FAYETTEVILLE for its convenience, provided that BLACK & VEATCH is given: I 7.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 1 7.5.2.2 An opportunity for consultation with the terminating party prior to termination. I I I I I I 7.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 7.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 7.5.3.2 Any payment due to BLACK & VEATCH at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of BLACK & VEATCH's default. Professional Services-Designer-Rev4.doc A - 18 Cygnet: 90104 052303 I I fJ I I I 7.5.4 If termination for default is effected by BLACK & VEATCH, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to BLACK & VEATCH for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by BLACK & VEATCH relating to commitments which had become firm prior to the termination. 7.5.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 above, BLACK & VEATCH shall: ' 7.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), I I I I I H I fl Li I I I 7.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by BLACK & VEATCH in performing this Agreement, whether completed or in process. 7.5.6 Upon termination under Paragraphs 7.5.1 or 7.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 7.5.7 If, after termination for failure of BLACK & VEATCH to fulfill contractual obligations, it is determined that BLACK & VEATCH had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 7.5.4 of this clause. 7.6 Delays In the event the services of BLACK & VEATCH are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond BLACK & VEATCH's reasonable control, BLACK & VEATCH shall be entitled to additional compensation and time for reasonable costs incurred by BLACK & VEATCH in temporarily closing down or delaying the Project. Professional Services-Designer-Rev4.doc A - 19 Cygnet: 90104 052303 I ' 7.7 Rights and Benefits ' BLACK & VEATCH's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 7.8 Dispute Resolution ' 7.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and BLACK & VEATCH which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF ' FAYETTEVILLE or BLACK & VEATCH in the performance of this Agreement, and disputes concerning payment. 7.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 7.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 7.8.3 and 7.8.4 have been complied with. 7.8.3 Notice of Dispute 7.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice; 7.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give BLACK & VEATCH written Notice at the address listed in Paragraph 7.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature ' and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 7.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF ' FAYETTEVILLE and BLACK & VEATCH shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the ' matter shall be referred to the President of BLACK & VEATCH and the Mayor of CITY OF Professional Services-Designer-Rev4.doc A - 20 052303 ' Cygnet: 90104 I ' FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 7.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to BLACK & VEATCH for services rendered by BLACK & VEATCH. ' 7.10 Publications ' Recognizing the importance of professional development on the part of BLACK & VEATCH's employees and the importance of BLACK & VEATCH's public relations, BLACK & VEATCH may ' prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to BLACK & VEATCH's services for the Project. Such publications will be provided to CITY OF ' FAYETTEVILLE in draft form for CITY OF FAYEIIEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYEIIEVILLE's ' comments to BLACK & VEATCH. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of BLACK & VEATCH's activities pertaining to any such ' publication shall be for BLACK & VEATCH's account. ' 7.11 Indemnification 7.1 1.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE, BURNS & McDONNELL, and BLACK & VEATCH from and against any and all loss where loss is ' caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, ' Subcontractors, and Suppliers. 7.12 Computer Models BLACK & VEATCH may use or modify BLACK & VEATCH's proprietary computer models in service of CITY OF FAYETTEVILLE under this Agreement, or BLACK & VEATCH may develop computer models during BLACK & VEATCH's service to CITY OF FAYETTEVILLE under this Agreement. Such use, modification, or development by BLACK & VEATCH does not constitute a license to CITY OF FAYETTEVILLE to use or modify BLACK & VEATCH's computer models. Said proprietary ' computer models shall remain the sole property of the BLACK & VEATCH. CITY OF Professional Services-Designer-Rev4.doc A — 21 052303 ' Cygnet: 90104 I FAYETTEVILLE and BLACK & VEATCH will enter into a separate license agreement if CITY OF FAYETTEVILLE wishes to use BLACK & VEATCH's computer models. 7.13 Ownership of Documents All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD ' drawings and cross sections, estimates, specification field notes, and data are and remain the property of CITY OF FAYETTEVILLE. BLACK & VEATCH may retain reproduced copies of drawings and copies ' of other documents. Engineering documents, drawings, and specifications prepared by BLACK & VEATCH as part of the ' Services shall become the property of CITY OF FAYETTEVILLE when BLACK & VEATCH has been compensated for all Services rendered, provided, however, that BLACK & VEATCH shall have the unrestricted right to their use. BLACK & VEATCH shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to ' intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of BLACK & VEATCH. ' Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. BLACK & VEATCH makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 7.14 Notices Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: ' 113 West Fayetteville Fayetteville, Arkansas 72701 Attn: Mr. Greg Boettcher, P.E., Public Works Director BLACK & VEATCH's address: 8400 Ward Parkway Kansas City, Missouri 64114 Attn: Mr. Steven D. Phillips, Vice President Professional Services-Designer-Rev4.doc A - 22 052303 Cygnet: 90104 I H ASWCC's address: Project No. CS -050803-03 Arkansas Soil and Water Conservation Commission I101 E. Capitol, Suite 350 Little Rock, Arkansas 72201 ' 7.15 Successor and Assigns CITY OF FAYETTEVILLE and BLACK & VEATCH each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor BLACK & VEATCH shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 7.16 Controlling Law ' This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. ' 7.17 Entire Agreement I I This Agreement represents the entire Agreement between BLACK & VEATCH and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by BLACK & VEATCH, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. ' SECTION 8- SPECIAL CONDITIONS 8.1 Additional Responsibilities of BLACK & VEATCH: ' 8.1.1 CITY OF FAYETTEVILLE's or Arkansas Soil and Water Conservation Commission's ' (ASWCC's) review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve BLACK & VEATCH of ' responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's nor ASWCC's review, approval or acceptance of, nor payment for any of the services shall be Professional Services-Designer-Rev4.doc A — 23 052303 Cygnet: 90104 I I P I I construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 8.1.2 BLACK & VEATCH shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by BLACK & VEATCH's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 1 8.1.3 BLACK & VEATCH's obligations under this clause are in addition to BLACK & 1 VEATCH's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against BLACK & VEATCH for faulty materials, equipment, or work. 1 8.2 Remedies I I Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and BLACK & VEATCH arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 1 8.3 Audit: Access to Records I I I LI IJ I I I 8.3.1 BLACK & VEATCH shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. BLACK & VEATCH shall also maintain the financial information and data used by BLACK & VEATCH in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. The United States Environmental Protection Agency, the Comptroller General of the United States, the United States Department of Labor, CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. BLACK & VEATCH will provide proper facilities for such access and inspection. Professional Services-Designer-Rev4.doc Cygnet: 90104 A-24 052303 I I I 8.3.2 Records under Paragraph 8.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. ' 8.3.3 This right of access clause (with respect to financial records) applies to: ' 8.3.3.1 Negotiated prime agreements: [1 I I 8.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 8.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 8.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of BLACK & VEATCH; 8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; ' 8.3.3.3.3 If the subagreement is terminated for default or for convenience. ' 8.4 Covenant Against Contingent Fees I L I H I Professional Services-Designer-Rev4.doc ' Cygnet: 90104 BLACK & VEATCH warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by BLACK & VEATCH for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. A-25 052303 LJ I I I I Li I I I I I I C 8.5 Gratuities 8.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that BLACK & VEATCH or any of BLACK & VEATCH's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, the State or EPA in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to BLACK & VEATCH terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 8.5.2 In the event this Agreement is terminated as provided in Paragraph 8.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against BLACK & VEATCH as it could pursue in the event of a breach of the Agreement by BLACK & VEATCH. As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs BLACK & VEATCH incurs in providing any such gratuities to any such officer or employee. 8.6 Arkansas Freedom of Information Act City contracts and documents, including internal documents and documents of subcontractors and sub - consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, BLACK & VEATCH will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19- 101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.7 Debarment And Suspension I certify that to the best of my knowledge and belief that the company that I represent and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency: Professional Services-Designer-Rev4.doc A - 26 052303 Cygnet: 90104 I I I I I I I L] C] I IJ I I L_J I I [1 (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000. DEBARMENT CERTIFICATION AUTHORIZED REPRESENTATIVE COMPANY NAME: BLACK & VEATCH CORPORATION � SIGNATURE: » �!�'z �a7 DATE: L 3 ppo3 PRINTED NAME: Steven D. Phillips TITLE: Vice President Professional Services-Designer-Rev4.doc A — 27 Cygnet: 90104 052303 7 L [1 1l H I I H I I IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and BLACK & VEATCH, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY O By: M FAYE`rE,` Mayor 1. Al EST: PP. By: t71AAA)• 'LYfYW.N� City Clerk BLACK & VEATCH CORPORATION By: o Steven D. Phillips Title: Vice President Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Professional Services-Designer-Rev4.doc 052303 ICygnet: 90104 n I L I L J H H I Li I H I I L I I71 I I I CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX A - SCOPE OF SERVICES FOR FINAL DESIGN PHASE This is Appendix A, consisting of 20 pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH CORPORATION dated 1-Ic-Q3 Initial: CITY OF FAYETTEVILLE `C BLACK & VEATCH CORPORATION The following contains additional Scope of Services tasks for the Final Design Phase and supplements those services listed in Section 2.2 of the Agreement. Contained in this appendix are the description of the project, description of services and a project schedule. PART A - DESCRIPTION OF PROJECT This work involves the design of improvements identified in the Preliminary Design Report prepared by BLACK & VEATCH in April, 2001 for the Phase I improvements to the Noland Wastewater Treatment Plant. The Phase I preliminary opinion of probable construction costs presented in that report is $17.1 million. I. Solids Handling Facilities. A. A new two-story sludge dewatering building to house up to three 2m belt filter presses will be provided at Noland WWTP. The dewatering equipment will be located on the second story with a truck drive -through beneath the dewatering equipment for sludge loading. The equipment within the building will include a new conveyance system and dewatered cake loadout facilities will be used to load trucks, a ferric chloride storage and feed system to be used at the belt filter presses for H2S control, and an odor control system for the dewatering building, including cake -loading areas. A procurement contract for the belt filter presses for this project for the BFP's will also include the units for the West Side Plant. II. Wet Weather Flow Handling Facilities. A. Modifying piping to allow the Primary Clarifiers No. I and 2 to provide wet weather flow treatment before directing the flow to the Primary Pond for storage. B. Addition of a high pressure washdown system and a liner to the 17 million gallon Primary Pond. Cityof Fayetteville Appendix A -I.,, 90104.9402 3/5103 I I L I I I I I I I I r I H L L I C. Replacing two of the larger pumps at the Effluent Pump Station with pumps sized to provide treated effluent to the high-pressure wash down system for the Primary Pond, non -potable water for the plant, and irrigation water for the Sludge Management Site. Ill. Headworks and Other Treatment Plant Improvements. A. New Flow Control Structures No. 1, 2 and 3. Flow Control Structure No. I will receive flow from the proposed new 48" gravity sewer and the two existing gravity sewers that come to the Noland WWTP. The structure will be constructed over the existing 36" plant influent line and direct flow to the new screenings facility. Flow Control Structure No. 2 will be located ahead of the two influent pump stations and will direct flow to either pump station and will allow isolating either pump station to permit access to the wetwells for cleanup and routine maintenance. Flow Control Structure No. 3 will direct wastewater to the Aeration Basin Complex or to the Primary Pond from the Primary Clarifier Splitter Structure. B. A new screenings facility to house two mechanically cleaned bar racks, the two relocated Weiss Flo fine screens, a screenings and grit dumpster, and grit classifiers that receive grit from the proposed vortex grit removal system. Odor control will be provided for this facility. C. Two new 20 mgd vortex grit removal systems. The facilities will also include three positive suction head pumps in a basement to transport grit to the grit classifiers located in the screenings facility. The channels will be covered and odor control will be provided. D. A new plant influent monitoring system and influent sampling system. E. Upgrading the existing Influent Pump Station No. I and constructing a new 10 mgd Influent Pump Station No. 2 that will be a wetwell only arrangement with three submersible pumps. A new concrete cover will be placed over the wetwell of Pump Station No. 1. Odor control will be provided for both pump station wetwells. The new submersible pumps and two of the larger pumps in the existing pump station will be equipped with adjustable frequency drives. A new structure will be required to house the electrical equipment for the new pumping station. F. Providing additional standby power as required for the new Pump Station No. 2. G. Repairing cracks and expansion joints in the Aeration Basin Complex. Installing dissolved oxygen (DO) probes in the basins. H. Replacing the existing 6,000 gpm denitrification pumps in the Aeration Basin Complex with new submersible pumps. I. Adding RAS pumping to provide a firm capacity of 17 mgd. J. Adding two new 360 gpm WAS pumps. K. Replacing the alum feed pumps in the Effluent Filter Building. Adding a containment wall for the two totes of sodium hypochlorite. L. Repairing concrete around the butterfly valves in the mudwell trough of the Effluent Filters. City of Fayetteville 90104 9402 3/5/03 Appendix A-2 G�" .rlw ^ 11 M. Modifying the backwash control system and installing a larger diameter flow meter for the 14 inch backwash water return line and rerouting this line to ahead of the new grit removal facilities. N. Providing motorized -operators and a remote control system at the plant control center to operate the 48 inch sluice gate to the White River Parshall Flume and to the 48 inch sluice gate in the diversion structure to the Secondary Pond. ' O. Rerouting piping from secondary clarifier scum pumps to pump directly to the sludge and scum holding tank. P. Providing a new gravity belt thickener room in the existing South Operations ' building to house the existing gravity belt thickener and a new 2m gravity belt thickener and associated polymer feed system. Odor control will be provided for this room. Q. Adding pumps to convey sludge and scum from the sludge and scum holding tank to the gravity thickeners. R. Adding new pumps to pump from gravity belt thickeners to the thickened sludge ' holding basin (aerobic digester No. 2). S. Converting one of the covered aerobic digesters (No. 2) to store aerated, thickened sludge. Odor control will be provided. IT. Adding pumps to convey thickened sludge from the thickened sludge holding basin (aerobic Digester No.2) to the solids dewatering building belt filter presses. U. Adding a permanent cover and mixing to the existing sludge and scum holding ' tank to be used for WAS and scum storage V. New roofs and metal copings for the following existing structures: South Operations Building; Primary Influent Pump Station, Engine -Generator Building; ' Digested Sludge Pump Station; Blower Building; Effluent Filter Building; Maintenance Building; and Chlorination Building. A concrete deck covering over the electrical room for the aeration basin complex. ' W. Demolition and removal of existing vacuators, gravity thickeners, and influent channels between the screen room and Influent Pump Station No. 1. X. Removing dissolved air flotation tanks, existing belt filter press and associated ' belt conveyor from the South Operations Building. Y. Replacing pumps at the Effluent Pump Station to use with the Primary Pond high pressure wash down system. ' Z. A new Stormwater Pump Station located where the existing pump station is located, just east of the South Operations Building. IV. Improvements Not Included in Phase 1. IA. Upgrading of the plant instrumentation and control system. B. Expansion of the secondary treatment capacity. C. Enclosure for the UV disinfection process. ' City of Feyeneville Appendix A-3 Appr AOpc 901049402 ' 3/5/03 I I PART B - DESCRIPTION OF SERVICES I H L 1] [J I I I The CITY OF FAYETTEVILLE's direction for the improvements to the Noland Wastewater Treatment Plant is to design, bid, and construct the improvements as three independent construction projects. These construction projects have been defined as: A. Wet Weather Flow Handling Facilities B. Solids Handling Facilities C. Headworks and Other Treatment Plant Improvements Project Development phase and Level 1 design phase will be used to define the criteria for all of the improvements. Level 2 detailed designs will proceed concurrently as three independent construction projects based on the following project milestones. Construction Package Level I Complete Level 3 Complete Solids Handling Facilities December 2003 September 2004 Headworks and Other Plant Improvements December 2003 October 2004 Wet Weather Flow Handling Facilities December 2003 July 2004 An abbreviated project schedule is included later in this appendix. The following paragraphs describe work tasks to be completed during each phase of the design. I. PROJECT MANAGEMENT A. PROJECT INITIATION AND ADMINISTRATION. Provide project administration and management of design and bid phases. Set up management system for filing, communications, tracking progress, budgets, and invoicing. B. PROJECT PROCEDURES. Prepare a project procedures manual to be used by CITY OF FAYETTEVILLE and BLACK & VEATCH to cover the project description, project participants and lines of communications and QA/QC standards to be used. C. DESIGN AND DRAFTING STANDARDS AND CRITERIA. CITY OF FAYETTEVILLE has published DESIGN STANDARDS AND CRITERIA ' consisting of Drafting Standards and Criteria, Mechanical Standards and Criteria, Architectural Standards and Criteria, Security Vulnerability Criteria, Corrosion Criteria, Process Standards and Criteria, Civil Standards and Criteria, Structural ' Standards and Criteria, and Typical Sheet Details. BLACK & VEATCH agrees to follow these standards unless changes are approved by the CITY OF FAYETTEVILLE during the development of the Basis of Design Memorandum. ' City of Fayetteville Appendix A-4 ,,,o,,,,gA,,e 90104 9402 ' 3/5/03 J I I fl 11 Li L I 11 Li Li C Li I L C D. SPECIFICATIONS. CITY OF FAYETTEVILLE has requested BLACK & VEATCH to format and assemble the technical specifications in accordance with the MasterFormat and SectionFormat recommended by the Construction Specifications Institute Manual of Practice. BLACK & VEATCH agrees to follow the MasterFormat level one titles and the level two titles based on the BLACK & VEATCH's experience and standard technical specifications for work of this type. BLACK & VEATCH agrees to follow the SectionFormat defined as Part I GENERAL, Part 2 PRODUCTS and Part 3 EXECUTION. The details within each of the parts will be based on BLACK & VEATCH's experience and standard technical specifications for work of this type. Specifications will be prepared so as to comply with the Arkansas Soil and Water Conservation Commission (ASWCC) Revolving Loan Fund Program. E. CONSTRUCTION DOCUMENTS. Prepare construction documents based on the BLACK & VEATCH's experience for selection of private construction contractors on a competitive bid basis. F. PROJECT MONITORING. Conduct regular budget, schedule, and invoice review for progress and invoice accuracy. G. PROGRESS MEETINGS. Attend monthly progress meetings in Fayetteville with CITY OF FAYETTEVILLE, Program Manager and other consultants, as appropriate, throughout the project development and design phase. A total of 24 meetings are anticipated. H. PUBLIC MEETINGS. Attend up to 4 City Council meetings in Fayetteville 1. SUBCONTRACTOR COORDINATION. Coordinate efforts of BLACK & VEATCH's subcontractors working on the project. J. CONSTRUCTION PERMITS. Collect information and prepare and submit applications for CITY OF FAYETTEVILLE payment. K. PROJECT PERFORMANCE WORK PLAN: Complete project performance work plan checklist (RLF-141 R-09/02) and submit to CITY OF FAYETTEVILLE. City of Fayetteville 90104.9402 3/5/03 Appendix A-5 _ns_^_.r.w_cca Li I H. PROJECT DEVELOPMENT C I I I I I I I I H E L I I I A. PROJECT INITIATION MEETING AND BACKGROUND INFORMATION COLLECTION. 1. Conduct a 2 -day meeting with CITY OF FAYETTEVILLE to clarify understanding of scope and parameters of the project, review and confirm the recommended improvements schematics and site layouts as presented in the Preliminary Design Report still apply or should be modified, and establish tentative dates for subsequent Design Memorandum Phase Workshops. 2. Collect pertinent project data and current NPDES permit conditions from CITY OF FAYETTEVILLE and determine status. Identify State of Arkansas's participation and expectations. Obtain drawings and maps from CITY OF FAYETTEVILLE that will aid in locating utility and pipeline work. Obtain the most recent one year of operating records. 3. Contact utilities and gather information on the location of their facilities, availability of service for proposed project, and utilities' requirements for connections and interfacing. 4. Identify applicable codes and standards, including fire and safety codes. B. HYDRAULIC ANALYSIS 1. Develop preliminary hydraulic profiles through the proposed new facilities and existing facilities based on the flows established and presented in the Preliminary Design Report. A profile will be performed through the liquid treatment facilities and through the wet weather treatment facilities. C. PROCESS CRITERIA AND EQUIPMENT SELECTION/SIZING 1. Develop the process criteria to be used to size all equipment for the new liquid treatment and solids handling processes. Develop process flow diagrams. Select and size equipment based on these criteria. Provide specifications and characteristics for large pumping units for Noland WWTP for advanced purchase by CITY OF FAYETTEVILLE Purchasing Agent. Include in construction project bidding documents the assignment of purchase order to construction contractor(s), instructions for shipping, receipt, unloading, handling, storage, installation, warranty, and startup for pumping units. Provide shop drawing review and approval, plant testing, field acceptance, and manufacturer's field services for pre - purchased pumping units. City of Fayetteville 90104.9402 3/5/03 Appendix A-6 I n C I I I I I I 2. Coordinate the selection of the sludge thickening, dewatering, and dewatcred sludge handling equipment for the Noland WWTP and West WWTP. It is anticipated that two presses will be provided at each plant. Prepare procurement documents and specifications for belt filter presses for the West Side WWTP and the Noland WWTP for advanced purchase by CITY OF FAYETTEVILLE Purchasing Agent. Include in construction project bidding documents the assignment of purchase order to construction contractor(s), instructions for shipping, receipt, unloading, handling, storage, installation, warranty, and startup for belt filter presses. Provide shop drawing review and approval, plant testing, field acceptance, and manufacturer's field services for pre -purchased belt filter presses. D. PRELIMINARY SITE PLAN AND LAYOUTS Locate new facilities on site plan and confirm with CITY OF FAYETTEVILLE that locations are acceptable. Facilities will be located to facilitate operations, avoid existing facilities, and avoid areas anticipated to be used for future plant expansion facilities. Obtain from CITY OF FAYETTEVILLE and review available topographic, property, utility maps, subsurface records and geotechnical investigations for the sites. Develop a preliminary site plan. '2. Develop preliminary building layouts for the recommended improvements. Identify, size and locate major equipment, piping routes and, if required, chemical feed points. ' E. ARCHITECTURAL, CIVIL, STRUCTURAL, MECHANICAL, ELECTRICAL CRITERIA I I C I I I I I 1. Develop architectural, civil, structural, building and process mechanical, and electrical design criteria for site lighting, structures, process systems, and power feed. Also develop plumbing, Instrumentation and Control, HVAC design criteria, odor control, and fire protection criteria associated with the facilities. F. ODOR CONTROL ASSESSMENT 1. Conduct detailed site investigation to characterize the odors that will be released from the raw waste water and solids to be dewatered. 2. Evaluate vapor phase odor cc method for removing the construction costs, reliability, City of Fayetteville 901049402 3/5/03 introl technologies and determine the most effective vapor phase odors considering site conditions, safety, and annual operating and maintenance costs. Appendix A-7 gaaa„a'A,ac I I [1 I I I 3. Coordinate with McGoodwin, Williams and Yates the odor control measures to be installed at the West Side plant and the Noland Facility and reach agreement in advance on the selection of systems at each facility. Type of system may differ at each plant, but consensus will be reached and justification presented. G. BASIS OF DESIGN MEMORANDUM and PRELIMINARY COST OPINION 1. Prepare an initial Basis of Design Memorandum and preliminary drawings as required to establish agreement on scope, parameters, performance requirements, and project approach. Submit five copies to CITY OF FAYETTEVILLE for review. ' 2. Prepare initial opinion of probable construction cost based on updating the information in the Preliminary Design Report. Submit five copies to CITY OF FAYETTEVILLE for review. H. REVIEW WORKSHOP I ;I I I I I I I H I I 1. Conduct a 2 -day workshop with CITY OF FAYETTEVILLE to review and discuss initial Basis of Design Memorandum. 1. QUALITY CONTROL REVIEW 1. Perform an internal quality control review of the initial Basis of Design Memorandum. J. FINALIZE DESIGN MEMORANDUM 1. Incorporate review comments from the CITY OF FAYETTEVILLE and internal quality control into the final Basis of Design Memorandum. 2. Provide five copies of initial Basis of Design Memorandum to CITY OF FAYETTEVILLE K. VALUE ENGINEERING SUPPORT I. Prepare for and attend a one -day meeting with CITY OF FAYETTEVILLE and an independent consultant who will conduct a value engineering evaluation (VE) of the Basis of Design Memorandum. BLACK & VEATCH will present information provided in the Basis of Design Memorandum to the VE consultant and CITY OF FAYETTEVILLE. Provide 10 copies of the Basis of Design Memorandum for CITY OF FAYETTEVILLE and VE consultant to use in VE evaluation. 2. Attend a one -day meeting with CITY OF FAYETTEVILLE and VE Consultant to receive VE review comments and VE report. City of Fayetteville Appendix A-8 ,,op kdoa 90104.9402 3/5/03 I 1 3. Assist to CITY OF FAYETTEVILLE in preparing responses to items presented in ' the VE report. Attend a one -day meeting to review responses with CITY OF FAYETTEVILLE and VE consultant. 4. The level of effort anticipated is 180 hours. Any additional effort will be considered Additional Services. L. FINAL BASIS OF DESIGN MEMORANDUM 1. Incorporate the VE comments accepted by the CITY OF FAYETTEVILLE into the final Basis of Design Memorandum. The version of the Basis of Design Memorandum will be used as the starting point for the Detailed Design. 2. Provide five copies of final Basis of Design Memorandum to CITY OF FAYETTEVILLE. M. Coordinate with Burns & McDonnell and Garver Engineers to develop a cut -over and start up plan to bring East Side Collection System improvements into new Noland ' Headworks facilities. N. Furnish to Burns & McDonnell a list of eligible tax exempt equipment for each ' Noland WWTP project for certification as described in ASWCC RLF-53 (R-7/01). III DETAILED DESIGN Detailed design will proceed based on a single bidding package through Level I reviews by CITY OF FAYETTEVILLE and value engineering evaluation. Level 2 design will proceed based on the three construction packages. III - 1 Solids Handling Facilities LEVEL 1 (30%) ' A. DRAWINGS 1. Prepare drawings (sketches) for the proposed construction work and for the ' materials and equipment required, including: preliminary civil building plans and sections, major process equipment and piping layouts, process schematics, and site plan; preliminary architectural floor and roof plans; preliminary structural framing plans; preliminary mechanical HVAC and plumbing plans; and, preliminary electrical power distribution diagrams and P&iDs. City ofFaycneville Appendix A-9 90104.9402 1 315103 I I ' B. SPECIFICATIONS 1. Prepare preliminary table of contents, draft front-end documents, and sample ' technical specification based on CITY OF FAYETTEVILLE's standard front-end documents and BLACK & VEATCH's standard technical specifications. 2. Prepare draft procurement documents for BFP's. IC. SITE SURVEY 1. Provide, through a subcontract, the necessary field design surveys for the ' preparation of construction drawings and specifications. Surveys will determine site topography, contours, identify most recent FEMA flood elevations, and insofar as possible, utility locations. ' D. GEOTECHNICAL SERVICES I1. Provide, through a subcontract, geotechnical engineering services including exploratory work, laboratory and field testing, and professional guidance in tests to be made at test locations based on preliminary drawings and designs and ' including professional interpretations of exploratory and test data. The services will include: ' a. Initial geotechnical exploratory work, such as soil borings, penetration tests, soundings, subsurface explorations, laboratory tests of soils, rock formations, and other geophysical phenomena which are required to provide information for design, and other field and laboratory tests and analyses which are required to provide design information. ' b. An initial geotechnical report by a qualified geologist or geotechnical firm interpreting the data on the exploratory work and testing and setting out the site conditions that can be anticipated from this initial exploratory work. E. UPDATE COST OPINIONS 1. Update opinion of probable construction cost. Submit five copies along with final review documents to CITY OF FAYETTEVILLE. ' F. CITY OF FAYETTEVILLE REVIEW WORKSHOP II. Provide five sets of drawings and front-end documents completed to CITY OF FAYETTEVILLE for review. Attend one meeting with CITY OF FAYETTEVILLE to receive and discuss CITY OF FAYETTEVILLE's review comments. City of Fayetteville Appendix A-10 Accva'AUec 90104.9402 ' 3/5/03 I I 7 [J I I I G. VALUE ENGINEERING SUPPORT 1. Prepare for and attend a one -day meeting with CITY OF FAYETTEVILLE and an independent consultant who will conduct a VE evaluation of the Level I Detailed Design work. BLACK & VEATCH will present the drawings and layouts of the proposed facilities and improvements to the VE consultant and CITY OF FAYETTEVILLE. Provide 10 copies of drawings, specifications, and design memorandum for CITY OF FAYETTEVILLE and VE consultant to use in VE evaluation. 2. Attend a one -day meeting with CITY OF FAYETTEVILLE and VE Consultant to receive VE review comments and VE report. 3. Assist CITY OF FAYETTEVILLE in preparing responses to items presented in the VE report. Attend a one -day meeting to review responses with CITY OF FAYETTEVILLE and VE consultant. 4. The level of effort anticipated for VE support is 360 hours. Any additional effort ' will be considered Additional Services. HI I I I H I I L LEVEL 2 (60%) Level 2 design will proceed following resolution of the VE comments by CITY OF FAYETTEVILLE. A. DRAWINGS I. Prepare CAD drawings or sketches for the proposed construction work and for the materials and equipment required, including: civil building plans and sections, hydraulic profile, and site plan; architectural plans, sections, and elevations; structural plans and sections; mechanical HVAC, plumbing, and fire protection plans; and, electrical major equipment layouts, interior lighting plans, P&IDs and control system block diagrams. B. SPECIFICATIONS 1. Update table of contents and front end documents. Provide draft technical specifications including major equipment specifications. City of Fayetteville 90104.9402 3/5103 Appendix A -I1 AopvMIx A U I C. UPDATE COST OPINIONS ' 1. Prepare final opinion of probable construction cost. Submit five copies along with final review documents to CITY OF FAYETTEVILLE. ' D. REVIEW WORKSHOP 1. Provide five sets of final review drawings, front-end documents, and technical specifications to CITY OF FAYETTEVILLE for review. Attend one meeting with CITY OF FAYETTEVILLE to receive and discuss CITY OF 1 FAYETTEVILLE's comments. ' E. GOVERNMENTAL AGENCY/ADEQ REVIEW 1. After incorporation of CITY OF FAYETTEVILLE's comments, submit the three copies of final review drawings, front-end documents and technical specifications to the Arkansas Department of Environmental Quality and the Arkansas Department of Health for review. Attend one meeting in Fayetteville, Arkansas or ' Little Rock, Arkansas to discuss the final review documents with regulatory agency officials, if required. F. QUALITY CONTROL REVIEW 1. Perform an internal quality control review of construction drawings, front-end documents and technical specifications. Review the contract documents for completeness, bidability, and constructability. I I I I LI Ii I FINAL BIDDING DOCUMENTS (100%) 1. Incorporate review comments from the CITY OF FAYETTEVILLE, internal quality control, and the Arkansas Department of Environmental Quality and Arkansas Department of Health into the final drawings, front-end documents and specifications. Submit five copies of bidding documents to CITY OF FAYETTEVILLE. 2. Finalize and bid BFP procurement documents. submitted by the vendor. City of Faycttcville 901049402 3/5/03 Appendix A-13 Review working drawings C [1 I III —2 Headworks and Other Plant Improvements LEVEL 1 (30%) ' A. DRAWINGS I. Prepare drawings (sketches) for the proposed construction work and for the materials and equipment required, including: preliminary civil building plans and sections, major process equipment and piping layouts, process schematics, and site plan; preliminary architectural floor and roof plans; preliminary structural framing plans; preliminary mechanical HVAC and plumbing plans; and, preliminary electrical power distribution diagrams and P&IDs. ' B. SPECIFICATIONS II. Prepare preliminary table of contents, draft front-end documents, and sample technical specification based on CITY OF FAYETTEVILLE's standard front-end documents and BLACK & VEATCH's standard technical specifications. ' C. SITE SURVEY II. Provide, through a subcontract, the necessary field design surveys for the preparation of construction drawings and specifications. Surveys will determine site topography, contours, identify most recent FEMA flood elevations, and ' insofar as possible, utility locations. D. GEOTECHNICAL SERVICES 1. Provide, through a subcontract, geotechnical engineering services including exploratory work, laboratory and field testing, and professional guidance in tests Ito be made at test locations based on preliminary drawings and designs and including professional interpretations of exploratory and test data. The services will include: a. Initial geotechnical exploratory work, such as soil borings, penetration tests, soundings, subsurface explorations, laboratory tests of soils, rock ' formations, and other geophysical phenomena which are required to provide information for design, and other field and laboratory tests and analyses which are required to provide design information. b. An initial geotechnical report by a qualified geologist or geotechnical firm ' interpreting the data on the exploratory work and testing and setting out the site conditions that can be anticipated from this initial exploratory work. ' City of Fayetteville Appendix A- 14 90104.9402 3/5/03 I I E. UPDATE COST OPINIONS I UI I I I n I U I I I I I I I I I 1. Update opinion of probable construction cost. Submit five copies along with final review documents to CITY OF FAYETTEVILLE. F. CITY OF FAYETTEVILLE REVIEW WORKSHOP 1. Provide five sets of drawings and front-end documents to CITY OF FAYETTEVILLE for review. Attend one meeting with CITY OF FAYETTEVILLE to receive and discuss CITY OF FAYETTEVILLE's review comments. Cl. VALUE ENGINEERING SUPPORT 1. Included as a part of III - I Solids Handling Facilities LEVEL 2 (60%) Level 2 design will proceed following resolution of VE comments by CITY OF FAYETTEVILLE. A. DRAWINGS Prepare drawings (CAD and sketches) for the proposed construction work and for the materials and equipment required, including: civil building plans and sections, hydraulic profile, and site plan; architectural plans, sections, and elevations; structural plans and sections; mechanical HVAC, plumbing, and fire protection plans; and, electrical major equipment layouts, interior lighting plans, P&IDs and control system block diagrams. B. SPECIFICATIONS 1. Update table of contents and front end documents. Provide draft technical specifications including major equipment specifications. C. GEOTECHNICAL SERVICES After detailed design has proceeded to the point where it can be accomplished, provide, through a subcontract, a final geotechnical report evaluating the initial geotechnical investigation, field and laboratory test results, and the initial geotechnical report. The final evaluation shall be based on the actual design, including sizes, locations, and loading of structures; types, extent, and procedures of excavations; and shall consider both design parameters and constructability. City of Fayetteville 90104.9402 3/5/03 Appendix A-15 L 1 The final report shall indicate the anticipated performance of the subsurface 1 material to be encountered on the project under the loading conditions, use, and types of excavations anticipated. 1 D. UPDATE COST OPINIONS 1. Update opinion of probable construction cost. Submit five copies along with final review documents to CITY OF FAYETTEVILLE. ' E. REVIEW WORKSHOP 1. Provide five sets of drawings and major equipment specifications and updated 1 opinion of probable construction cost completed to CITY OF FAYETTEVILLE for review. Attend one meeting with CITY OF FAYETTEVILLE to receive and discuss CITY OF FAYETTEVILLE's review comments. LEVEL 3 (90%) ' A. DRAWINGS I1. Prepare final review set of construction drawings (CAD) for the proposed construction work including: all civil plans, sections, schematics and details; all architectural plans, sections, elevations and details; all structural plans, sections and details; all mechanical HVAC, plumbing, and fire protection drawings; and, all electrical plans, sections, schematics, schedules, details and P&IDs. 1 B. SPECIFICATIONS 1. Prepare final review set of front end documents and technical specifications for 1 proposed construction work and for the materials and equipment required. C. UPDATE COST OPINIONS 1 1. Prepare final opinion of probable construction cost. Submit five copies along 1 with final review documents to CITY OF FAYETTEVILLE. D. REVIEW WORKSHOP ' 1. Provide five sets of construction drawings, front-end documents, and technical specifications to CITY OF FAYETTEVILLE for review. Attend one meeting ' with CITY OF FAYETTEVILLE to receive and discuss CITY OF FAYETTEVILLE's comments. Cityof Fayetteville Appendix A-16 90104.9402 3/5103 I I I L 7 I I I I I I I I I I I I I E. GOVERNMENTAL AGENCY/ADEQ REVIEW After incorporation of CITY OF FAYETTEVILLE's review comments, submit the three copies of final review drawings, front-end documents and technical specifications to the Arkansas Department of Environmental Quality for review. Attend one meeting in Fayetteville, Arkansas or Little Rock, Arkansas to discuss the final review documents with regulatory agency officials, if required. F. QUALITY CONTROL REVIEW 1. Perform an internal quality control review of the review drawings, front-end documents and specifications. Review the contract documents for completeness, bidability, and constructability. FINAL BIDDING DOCUMENTS (100%) I. Incorporate review comments from the CITY OF FAYETTEVILLE, internal quality control, and the Arkansas Department of Environmental Quality and Arkansas Department of Health into the drawings, front-end documents and specifications. Submit five copies of bidding documents to CITY OF FAYETTEVILLE. (100%) III —3 Wet Weather Flow Facilities LEVEL 1 (30%) A. DRAWINGS I. Prepare drawings (sketches) for the proposed construction work and for the materials and equipment required. B. SPECIFICATIONS 1. Prepare preliminary table of contents, draft front-end documents, and sample technical specification based on CITY OF FAYETTEVILLE's standard front-end documents and BLACK & VEATCH's standard technical specifications. C. SITE SURVEY 1. Provide, through a subcontract, the necessary field design surveys for the preparation of construction drawings and specifications. Surveys will determine site topography, contours, identify most recent FEMA flood elevations, and insofar as possible, utility locations. City or Faycneville Appendix A-17 AppH xAOoc 901049402 315103 r I D. UPDATE COST OPINIONS I I I I I J I I I I I I L I I I. Update opinion of probable construction cost. Submit five copies along with final review documents to CITY OF FAYETTEVILLE. E. CITY OF FAYETTEVILLE REVIEW WORKSHOP 1. Provide five sets of drawings, front-end documents and technical specifications completed to CITY OF FAYETTEVILLE for review. Attend one meeting with CITY OF FAYETTEVILLE to receive and discuss CITY OF FAYETTEVILLE's review comments. F. VALUE ENGINEERING SUPPORT 1. Included as a part of III - I Solids Handling Facilities LEVEL 2 (60%) Level 2 review will proceed following resolution of VE comments by CITY OF FAYETTEVILLE. A. DRAWINGS 1. Prepare drawings (CAD and sketches) for the proposed construction work and for the materials and equipment required. B. SPECIFICATIONS 1. Update table of contents and front end documents. Provide draft technical specifications including major equipment specifications C. UPDATE COST OPINIONS 1. Update opinion of probable construction cost. Submit five copies along with final review documents to CITY OF FAYETTEVILLE. LEVEL 3 (90%) A. DRAWINGS 1. Prepare final review set of construction drawings (CAD) for the proposed construction work including: all civil plans, sections, schematics and details; all structural plans, sections and details; all mechanical drawings; and, all electrical plans, sections, schematics. City of Fayetteville Appendix A-18 .comae A ooc 901049402 3/5/03 I [1 B. SPECIFICATIONS 1. Prepare final review set of front end documents and technical specifications for ' proposed construction work and for the materials and equipment required I I I C. UPDATE COST OPINIONS 1. Prepare final opinion of probable construction cost. Submit five copies along with final review documents to CITY OF FAYETTEVILLE. D. REVIEW WORKSHOP 1. Provide five sets of construction drawings, front-end documents, and technical specifications to CITY OF FAYETTEVILLE for review. Attend one meeting with CITY OF FAYETTEVILLE to receive and discuss CITY OF FAYETTEVILLE's final review comments. ' E. GOVERNMENTAL AGENCY/ADEQ REVIEW I. After incorporation of CITY OF FAYETTEVILLE's review comments, submit ' three copies of the construction drawings, front-end documents and specifications to the Arkansas Department of Environmental Quality and Arkansas Department of Health for review. Attend one meeting in Fayetteville, Arkansas or Little Rock, ' Arkansas to discuss the final review documents with regulatory agency officials, if required. F. QUALITY CONTROL REVIEW 1. Perform an internal quality control review of the construction drawings, front-end documents and technical specifications. Review the contract documents for completeness, bidability, and constructability. I I I I I I FINAL DOCUMENTS (100%) 1. Incorporate review comments from CITY OF FAYETTEVILLE, internal quality control, and the Arkansas Department of Environmental Quality into the final construction drawings, front-end documents and specifications. Submit five copies of bidding documents to CITY OF FAYETTEVILLE City of Fayetteville 901049402 3/5/03 Appendix A-19 .L�"�'iS1_7Sr7 M N N N in C N N N N N N o N N t•f 4444 N N N N N nj N v■■■■■■■■■■■■■■■S■■■■■■■■■■SM■■n■■■■■■■■■■■■n■ ■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■E.■■■■■■■■E■■■ o■■■■■■■■■■■■■■■■_■■■■■■■■■■■■■ ■■■■■■■■■■■■.■ 0■■■S■E■■■■■■■■S■ ■■■E■■■■E■■■■.■■EE■■■■E■■■ ■ 0■■E■■■■■■■E■■■■■.■■■■S■■■■■■■■.■■■■■■■O■■■■ ■ D■■MS■■■■O■■M■■■M ■■■■■■S■SEO■S:■■■E■■■■S■■■ ■ D■MS■M■■■■■S■■■■E_O■■■■■■S■■■■■ ■■■■E■■S■M■■ ■ ICE ■■■■■■E■■■■■ ■■E ©■ ■■■■E■■■■■■■■.■■■■■■■■■■■S■■■■■■■■■■■ SE■E■ 0■ ■■■■■■■E■MS■■ ■■■■■■■E■ ■S■■■ES■■■SM SEEM■ 0■ ■■■■■■■■■■■■■ ■■■■■■■■■■■■ ■■■S■■■■ ■■■■■■■■■.■■■■■■■■■■■■■ ■■■■■■■■■■■■ ■■■■■■ ■■■M■■ U. ■■■■■■■■■OS■■■■■■■■■■M ■ ■■■■■■■■■■s■■■■■■■ 0■ ■■■■■■■■■■ ■■■■■■E■■■S■■ ■■■■■■■■■■s■■■■■E■ D■ ■■■■■■■■M ■■■■■■■■■■s■■ ■■■■■■■■■■S■■■■■■■ D■ SS■■S■■■■ S■■S■■■■■■■A■S■■■■■■■■■■■sE■■■■■■ C■ ■■E■■E■■S ■■■■■■■■■■ s■■■■■■■■■■■■ S■■■■■M■ C■ SOMEONE s■■■SEES■■■s■■■■E■S■■■■■■S■■■■M■■■■ ©■ ■SEES■s■■■S■■■■■■■■S■■■■■■■■■■■■■SSE■■EE■■■ D■ ■■■■■.S■■S■■S■■■■■ ■■S■S■E■■■E■■ ■■■■■■■■■■ ©■ SEEMS ■■■■■■■ESE■■ ■■■■S■■■■■■■■ ■E■■■■■■■■ v■ E■■■s■■■■■■■■■■■■s■■■■■■■■■■■■■s■■■E■■E■■■■ C■ 0■ ■M■■s■S■■S■■■■■■■S■■■S■E■■■■SEES■■■■■■■■■■S ■■s■■■■■■■■■■■■M■■■■■■■■■■■■■■■■■■■■■■■■■■■ 0■ ■ ■■■■■E■■E■■■■■■■■■■■■■S■■■■■■■■■■■■■■■■■■ 0■ ■ ■■■■■■■■■■■■■■■■■■■S■■■■■■■O■■■■■■■■■■■■■ D■ s■S■■■■■■■■■■■■M■S■■■■■■■■■■■M■■■■■■■■■■■E■ D■ s■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ME■■ -C■E■■■■■■■■■■■■■■■■■■■■■■■■■S■■■■■■E■■■■■■■■■■ C■ sS■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ©■■■■■■■■■■■■■■■■■■■■■■■■E■■■■■■■■■■E■■■■■■■■■ D■M■■■■■■O■■■S■■■■■■■■■■■■SEES■.■■E■■■■■■■■■■■ ©■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ :■■■■■■■■■E■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ :i■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ • i• • i r .1 ............................. i ..... Appendix A-20 I CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX B - SCOPE OF SERVICES FOR BIDDING OR NEGOTIATION PHASE This is Appendix B, consisting of I page, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH CORPORATION dated 1/5-D3 Initial: CITY OF FAYETTEVILLE .GG BLACK & VEACH CORPORATION The following contains additional Scope of Services for the Bidding or Negotiation Phase and supplements those services listed in Section 2.3 of the Agreement. I. Provide a sufficient number of sets of construction contract documents for bidding purposes, and distribute the contract documents to prospective bidders. 2. Distribute plan holders list of recipients of contract documents prior to bid opening. 3. Distribute bidding documents and collect a non-refundable fee in an amount to be determined to offset printing costs. 4. Interpret construction contract documents. Prepare and issue addenda to the construction contract documents when required. 5. Assess and evaluate bids received and recommend award of bid for each of the three construction packages. I PI P I r, L City of Fayetteville Appendix B Appendix 13- I Mwmn a ooc 90104.9402 ' 3/5/03 7 CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX C - SCOPE OF SERVICES FOR CONSTRUCTION PHASE ' This is Appendix C, consisting of! page, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH CORPORATION dated 7/503 ' Initial: CITY OF FAYETTEVILLE G' ' BLACK & VEATCH CORPORATION The following contains additional Scope of Services for the Construction Phase and 'supplements those services listed in Section 2.4 of the Agreement. ' 2.4.18 Make periodic visits to the construction site to observe progress of the work, and consult with the CITY OF FAYETTEVILLE and the Contractor concerning problems and progress of the work. A total of 24 visits are anticipated. 2.4.19 Receive and review guarantees, bonds, and certificates of inspection, and tests, and approvals which are to be assembled by the Contractor in accordance with the ' construction contract documents and transmit them to CITY OF FAYETTEVILLE. 2.4.20 Act on claims of CITY OF FAYETTEVILLE and the Contractor relating to the acceptability of the work or the interpretation of the requirements of the construction contract documents. ' 2.4.21 Analyze data from performance testing of equipment by the Contractor or supplier when the construction contract documents require the equipment to be tested after installation. Submit conclusions to CITY OF FAYETTEVILLE. 2.4.22 Collect and organize 2 sets of operation and maintenance data provided by the Contractor. Each set will be placed in separate binders, the binders indexed, and a table of contents provided. Binders will be submitted to CITY OF FAYETTEVILLE. 2.4.23 Project design team personnel with areas of responsibilities including project management, structural, process mechanical, HVAC, electrical, control and instrumentation, geotechnical, and architectural will make periodic site visits. It is anticipated that 12 separate onsite visits by BLACK & VEATCH's project personnel will be required. The level of effort is anticipated to require 16 person hours per trip. A written report summarizing discussions, site observations, and periodically established objectives shall be provided to CITY OF FAYETTEVILLE for distribution. City of Fayetteville Appendix C Appendix C -I npp"x C aoc 90104.9402 ' 3/05/03 fI I I I I I I I [1 I I 1H � 1 CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX D - SCOPE OF SERVICES FOR POST -CONSTRUCTION PHASE This is Appendix D, consisting of I page, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE$ ARKANSAS and BLACK & VEATCH CORPORATION dated 7'/5'n3 Initial: CITY OF FAYETTEVILLE BLACK & VEATCH CORPORATION r The following contains additional Scope of Services for the Post -Construction Phase and supplements those services listed in Section 2.5 of the Agreement. No additional services are included. City of Fayetteville Appendix D 90104.9402 3/5/03 Appendix D -I H I CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES ' APPENDIX E - SCOPE OF SERVICES FOR RESIDENT SERVICES DURING CONSTRUCTION PHASE ' This is Appendix E, consisting of 5 pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS I and BLACK & VEATCH CORPORATION dated 7 -IS -0.3 Initial: CITY OF FAYETTEVILLE BLACK & VEATCH CORPORATION The following is the Scope of Services for the Resident Services During Construction ' referred to in Section 3.2 of the Agreement. BLACK & VEATCH will furnish a full time Resident Project Representative and such ' assistant Resident Project Representatives as may be required on the work. The Resident Project Representative and assistants will observe the Contractor's work and perform the services listed below. The Resident Project Representative shall not have responsibility ' for the superintendence of construction site conditions, safety, safe practices or unsafe practices or conditions, operation, equipment, or personnel other than employees of the BLACK & VEATCH. This service will in no way relieve the Contractor of completion ' supervision and inspection of the work or the Contractor's obligation for complete compliance with the drawings and specifications. The Contractor shall have sole responsibility for safety and for maintaining safe practices and avoiding unsafe practices ' or conditions. Specific services performed by the Resident Project Representative and assistants are as follows: A. Site Observations and Liaison with CITY OF FAYETTEVILLE and Contractor(s) I. Conduct onsite observations of the general progress of the work to assist ' BLACK & VEATCH in determining if the work is proceeding in accordance with the construction contract documents. 2. Serve as BLACK & VEATCH's liaison with the Contractor, working principally through the Contractor's superintendent, and assist BLACK & VEATCH in providing interpretation of the construction contract documents. Transmit BLACK & VEATCH's clarifications and interpretations of the construction contract documents to the Contractor. ' 3. Assist BLACK & VEATCH in serving as CITY OF FAYETTEVILLE's liaison with the Contractor when the Contractor's operations affect CITY OF FAYETTEVILLE's onsite operation. ' City of Fayetteville Appendix E Appendix E- I ,bnr,as E_eec 901049402 3/5/03 7 1 4. As requested by BLACK & VEATCH, assist in obtaining from CITY OF ' FAYETTEVILLE's additional details or information when required at the jobsite for proper execution of the work. 5. Report to BLACK & VEATCH, giving opinions and suggestions based on the Resident Project Representative's observations regarding defects or deficiencies in the Contractor's work and relating to compliance with drawings, speci- fications, and design concepts. 6. Advise BLACK & VEATCH and the Contractor or its superintendent immediately of the commencement of any work requiring a shop drawing or sample submission if the submission has not been accepted by BLACK & VEATCH. ' 7. Monitor changes of apparent integrity of the site (such as differing subsurface and physical conditions, existing structures, and site -related utilities when such 'utilities are exposed) resulting from construction -related activities. 8. Observe pertinent site conditions when the Contractor maintains that differing subsurface and physical conditions have been encountered, and document actual site conditions. Review and analysis of the Contractor's claims for ' differing subsurface and physical conditions are supplemental services. 9. Review the Contractors' construction sequence and traffic control plans for all ' construction work undertaken simultaneously. 10. Verify that the Contractor has contacted utilities in the general construction ' area and advised them of Contractor's schedule. Assist in coordinating scheduling of utility activities to minimize conflicts with CITY OF FAYETTEVILLE's activities. II. Establish and furnish the Contractor with necessary baselines and control points which will be used as datum for the work. Actual construction staking will be ' done by the Contractor. 12. Provide, through a subcontract, necessary surveying to re-establish streets to preconstruction grade and referencing and re-establishing land surveying movements. In easement areas, mark the easement limits. ' 13. Visually inspect materials, equipment, and supplies delivered to the worksite. Reject materials, equipment, and supplies which do not conform to the construction contract documents. ' City of Fayetteville Appendix E Appendix E-2 Acp.nav E me 9010..9402 3/5/03 1 L 14. Coordinate onsite materials testing services during construction. Copies of testing results will be forwarded to CITY OF FAYETTEVILLE for review and ' information. 15. Observe field tests of equipment, structures, and piping, and review the ' resulting reports, commenting to BLACK & VEATCH, as appropriate. B. Meetings, Reports, and Document Review and Maintenance ' 1. Attend the preconstruction conference, and assist BLACK & VEATCH in explaining administrative procedures which will be followed during construction. 2. Schedule and attend monthly progress meetings, and other meetings with CITY ' OF FAYETTEVILLE and the Contractor when necessary, to review and discuss construction procedures and progress scheduling, engineering management procedures, and other matters concerning the project. 3. Submit to BLACK & VEATCH, with a copy to CITY OF FAYETTEVILLE, ' weekly construction progress reports containing a summary of the Contractor's progress, general condition of the work, problems, and resolutions or proposed resolutions to problems. 4. Review the progress schedule, schedule of shop drawings submissions, and schedule of values prepared by the Contractor, and consult with BLACK & VEATCH concerning their acceptability. 5. Report to BLACK & VEATCH regarding work which is known to be ' defective, or which fails any required inspections, tests, or approvals, or has been damaged prior to final payment; and advise BLACK & VEATCH whether the work should be corrected or rejected, or should be uncovered for ' observation, or requires special testing, inspection, or approval. 6. Review applications for payment with the Contractor for compliance with the ' established procedure for their submission, and forward them with recommendations to BLACK & VEATCH, noting particularly their relation to the schedule of values, work completed, and materials and equipment delivered at the site, but not incorporated into the work. 7. Record date of receipt of shop drawings and samples. Receive samples which ' are furnished at the site by the Contractor, and notify BLACK & VEATCH of their availability for examination. ' City of Fayencville Appendix E Appendix E-3 Adu.nax E doc 901049402 3/5/03 I I I] J L J 7 I I I I 8. During the course of the work, verify that specified certificates, operation and maintenance manuals, and other data required to be assembled and furnished by the Contractor are applicable to the items actually installed; and deliver this material to BLACK & VEATCH for his review and forwarding to CITY OF FAYETTEVILLE prior to final acceptance of the work. Maintain a marked set of drawings and specifications at the jobsite based on data provided by the Contractor. This information will be combined with information from the record documents maintained by the Contractor, and a master set of documents conforming to construction records will be produced. 10. Review certificates of inspections, tests, and related approvals submitted by the Contractor as required by laws, rules, regulations, ordinances, codes, orders, or the Contract Documents (but only to verify that their content complies with the requirements of, and the results certified indicate compliance with, the construction contract documents). This service is limited to a review of items submitted by the Contractor and does not extend to a determination of whether the Contractor has complied with all legal requirements. 11. Maintain the following documents at the jobsite. a. Correspondence files. b. Reports ofjobsite conferences, meetings, and discussions among the BLACK & VEATCH, CITY OF FAYETTEVILLE, and Contractor. c. Submittals of shop drawings and samples. d. Reproductions of original construction contract documents. e. Addenda. Change orders. ' g. Field orders. I I I I h. Additional drawings issued subsequent to execution of the construction contract documents. Progress reports. j. Names, addresses, and telephone numbers of all contractors, subcontractors, and major suppliers of materials and equipment. City of Feyencvillc Appendix E 90104.9402 3/5/03 Appendix E-4 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 12. Maintain a daily diary or log book of events at the jobsite, including the following information: a. Days the Contractor worked on the jobsite. b. Contractor and subcontractor personnel on jobsite. c. Construction equipment on the jobsite. d. Observed delays and causes. e. Weather conditions. f. Data relative to claims for extras or deductions. g. Daily activities. h. Observations pertaining to the progress of the work. i. Materials received on jobsite. The diary or log book shall remain the property of BLACK & VEATCH. D. Assistance in Certification of Substantial Completion 1. Before BLACK & VEATCH issues a Certificate of Substantial Completion, submit to the Contractor a list of items observed to require completion or correction. 2. Assist BLACK & VEATCH in conducting final inspection in the company of CITY OF FAYETTEVILLE and the Contractor, and prepare a final list of items to be completed or corrected. 3. Verify that all items on the final list have been completed or corrected, and make recommendations to BLACK & VEATCH concerning acceptance. City of Fayeneville Appendix E Appendix E-5 90104.9402 3/5/03 Q FAYETTEVILLESPEOIFIGATIONSLIST No. of Sections = Hybrid Discipl ine Cut File iConstructor Contract 1 Solids Hdlg Construction Contract 2 Haadworks Construction Package 3 Wet wweatner No. of sections reo-d if a Single Package No. ofduPitcate construction contracsections 196 . 193 107 210 186 C HS Table of Contents Y Y Y Y 1 BIDDING REQUIREMENTS 0 C HS 20 Invitation to Bid Y Y Y Y 1 C HS 100 Instructions to Biddere Y Y Y Y 1 BID FORMS 0 C HS 400 Bid Form Y Y Y Y 1 C HS 410 Bid Bond ffie Y Y Y Y 1 C HS 430 List of Subcontractors Y Y Y Y 1 C HS 450 Ecui mentQuestionnaire Y Y Y Y 1 C_ .HS 452 Instrumer4ation Questionnaire Y Y Y Y 1 OWNER'S FORMS 0 CONTRACT FORMS 0 C HS 500 Agreement Y Y IY Y 1 C HS 510 Performance Bond Y Y Y Y 1 C HS 520 PaymentBond Y Y Y Y 1 C HS 540 Assi rmentofProcutementCortfact Y N N Y 0 C HS 545 Surety's reernenttoA nment Y N N Y 0 C HS 550 CerffcateofInsurance Y Y Y Y 1 C HS 552 CertifcateofPro Insurance Y Y Y Y 1 CONDITIONS OF CONTRACT 0 C HS 700 Standard Generel Conditions of fha Construction Contract cd Y Y j Y Y 1 C HS 800 Su:ernettla Concrbons Y Y Y Y 1 DIVISION 1 - GENERAL REQUIREMENTS 0 C HS 1015 Project Re uuements Y Y Y Y 1 C HS 1070 Abbreviations of Terms and O an'izations Y Y Y Y 1 1200 Project Mealir s Y Y Y Y 1 C MS 01300A Submittals raditionet Work) Y Y Y Y 1 C MS 1310 Construction Scheduiin Y Y Y Y 1 C MS 1320 Construction Pro ess Documerttabon Y Y Y Y 1 C MS 1380 ConstructionPhoto re Y VV Y 1 C I -IS 1400 Qualit Control Y VV Y 1 C HS 1500 Tem re Facilities Y Y Y Y 1 C HS 1605 General Eou- mentRe uirements Tradibonalwork Y Y Y Y 1 C HS 1610 General E ui mentSd lotions Y Y Y Y 1 C HS 1612 Shi in Y Y Y V 1 C HS 1614 Handlin and Sto e Y Y Y Y 1 C HS 1620 E ui mentSchedute Y Y Y Y 1 C HS 1630 Pipeline Schedule Y Y Y Y 1 C CF 1640 Valve Schedule Y Y Y Y 1 C HS 1650 Startu Re uirements Y Y Y Y 1 DIVISION2 - SITEWORK 0 Site Preearaton 0 C CF 2050 Demol!tion and Said Y Y Y Y 1 G CF 2140 Dewaterin Y Y Y Y 1 G AS 2200 Earthwork Y Y Y Y 1 G AS 2202 Trenchin and Backfjhm Y Y Y Y 1 G CF 2250 Geotextiss N Y Y 0 G CF 2272 Geomembrane Lint N N Y Y 1 0 G AS 2372 Drilled Piers Y Y Y Y 1 C AS 2512 As nalticConcretaPavin Y Y N Y 1 C AS 2514 Portland Cernent Concrete Pavement Y Y N Y 1 C AS 2522 Concrete Sidewalk, Curb, and Gutter Y Y N Y 1 C AS 2605 Sewer Manholes Y Y 'V 'V _ 1 C MS _ 2606 Iron Manholeand Vault Covers and Accessories Y Y Y 'V1 C MS 2616 Low -Head Concrete Pressure P Y Y Y Y 1 C AS 02618P Concrete Sewer P- - Proctaemern Y Y Y Y 1 C MS 2630 Pol in Chloride PVC Pressure Pies Y Y Y Y 1 C MS 2675 CIeanng and Disinfection of Water Distribution System Y V Y Y 1 C AS 02702O Sewer Pi Instatation and Testi Y V Y Y 1 C AS 2704 Pi ellne Pressure and Leakaqe Testing Y Y 'V Y 1 2762 nspector of Pi Itnes Y Y Y Y. 1 C TGS 2776 Pond and Reservottriers N N v Y 0 0 AS 2832 Chain Link Fenci Y Y Y Y 1 C AS 2930 Seeding and Sodd Y Y Y Y 1 C CF 2940 Tree and Scrub Protection ar-d Removal Y Y Y Y 1 DIVISION3—CONCRETE 0 S CF 3100 Concrete Forrnvork Y Y Y Y 1 S OF 3200 Concrete Reinforcement j Y Y Y Y 1 5 CF 3250 Concrete Accessories Y Y Y Y 1 S AS 03300P Cest-in-PiaceConcrets-Procuremern Y Y Y Y 1 S AS 03300O Cast -in -Piece Concrete • Construction Y Y Y Y S AS 3600 Grout Y Y Y Y 1 20021neet::st-modified 2-S1.20o3.xts specs 5/27/2003 Page 1 FAYETTEVILLESPECIFICATIONSLIST No. of Sectons = Hybrid Discipl ine Cut File Construction Contract l Solids Hd'g Construction Conuact2 Headworks Consuucttor Package 3 Wet Weather No. of sections regd if a Singe Package No.ofduplicate construction contractsacUcns 198 193 107 210 185 S AS 3610 E ui mentGrout Y Y Y Y 1 C MS 3612 E ui ment Anchor Batt E x Grout Y Y Y Y 1 S CF 3700 Concrete Re air Y Y Y Y 1 S MS 3710 Concrete CrackRB a Y Y Y Y 1 DIVISION 4 - MASONRY 0 A AS 4200 Building Masonry Y Y N Y 1 DIVISIONS -METALS 0 S MS 5210 Steel Joists and Joist Girders Y N N Y 0 S AS 5312 Steel Roof Deck Y N N Y 0 S MS 5313 Steel Forrnoeck Y N N Y 0 A MS 5520 Hendrailin . GuardrnNut . and Ladders Y Y Y Y 1 S MS 5530 Gratin and Trench Covers I Y Y Y Y 1 S AS 5550 Anohora in Concrete and Maso Y Y Y Y 1 $ AS 5990 Structural andMiscehaneousMetals Y Y Y Y 1 DIVISION 6 - WOOD AND PLASTICS 0 A TGS 6090 Carpentry Y Y Y Y 1 C AS 6600 Fiber IassRe,nforcedPlastcFatxications Y Y Y Y 1 C TGS 6610 Fiber lass Reinforced PlasticGra' andHandratt Y Y Y Y 1 DIVISION 7 - THERMAL AND MOISTURE PROTECTION 0 C CF 7110 Membrane Water oofm Y Y Y Y 1 C AS 7160 Dam roofs Y Y Y Y 1 A TGS 7175 Wa:erRopdflertcaatings Y Y Y Y 1 A CF 7182 Mason Water roof and Stain Y Y Y Y 1 A CF 7200 Building insulation Y Y Y Y 1 A CF 7210 Thermal Insulation Y Y Y Y 1 A CF .7250 Fire roof; Y Y Y Y 1 A CF 7270 Festcng Y Y Y Y 1 A MS 7525 Modified Bitumen Roofi Y Y Y Y 1 A MS 7531 Sin Ie-PI Roofn . Mecnsntaiy Fastened Y Y Y Y 1 A MS 7532 Sin Ie-PI Rocfin . Fu Adhered Y Y Y Y 1 A MS 7540 Elastomeric Dock Cevert Y Y Y Y 1 A TGS 7600 Sheet Metal Y Y Y Y 1 A TGS 7700 RoofSpeciathesandAccassobes Y Y Y Y 1 A CF 7820 Metal Framed Sk hts System Y Y Y Y 1 A HS 7900 Caung Y Y Y Y 1 C 7910 Sealants Y Y Y Y 1 DIVISION 8 -DOORS AND WINDOWS 0 A TGS 8120 Flush Aluminum Doors and Frames Y Y Y I C MS 8305 Floor Access Doors and Hatches Y Y Y 1 A MS 8330 RcWng Steal and Fire Doors Y Y Y 1 A TGS 8410 AuminurnEntranceserdAssemblies Y Y Y 1 A TGS 8700 Finish Hardware Y Y Y 1 I A TGS 8800 Glass and Glazin Y Y Y 1 DIVISION9- FINISHES 0 A TGS 9310 Ceramic T3e Y Y Y 1 A CF 9500 AcousticalTreatmera Y Y Y 1 AlOS9510SusperidedAcoustitsJcaiis Y Y j Y 1 A CF 9520 Acoustical Wall Treatmary Y Y Y 1 A AS 9660 Resi:;entFloorCoved Y Y Y 1 C CF 9804 Concrete Sealer y Y Y 1 C CF 9806 E x Concrete Seater Y Y Y 1 A CF -9820 CementitiousCoa" Y Y Y C OF 9822 CementitiousCoaSn -Tanks Y Y Y 1 A TGS 9852 Eoax Coe" Y y Y 1 C AS 9880 CorosionProtectiont.ini S terns Y Y Y J 1 A TGS 9920 Architectural Painfi y y Y 1 C AS 9940 Protective Coates Y Y Y 1 DIVISION 10 - SPECIALTIES 0 A MS 10165 Plastic Laminate Toilet Co rlrnonrs Y Y Y 1 A AS 10200C Louvers and Vents ConsttmcIJ n Y Y- Y 1 10200P Louvers and Vents Procuremene Y Y Y 1 A CF 10400 Ident, Devices Y Y Y 1 A CF 10800 Toilet Accessories Y y Y 1 A CF 10990 Miscellaneous S ia*es Y Y Y 1 DIVISION 11 —EQUIPMENT 0 C AS 110600 E uiomeMtnstalafion y y VP AS 11150P SubmersinlePu •Procurement Y Y Y Y 1 MP AS 11160P ProgressingCay. Pum -Procurement Y Y I Y Y 1 f! MB AS 11180 Vertical Column Su and Se Pu N Y N Y 0 MB AS 11185 Submersible Su and Se ePu Y Y N Y 1 C AS 11312P Mechanicail Cleaned Bar Screens•Procuremera N Y N Y 0 C AS 11321 P Grit Removal E ui era • Forced Vortex T Procurement N Y N Y 0 2002she a:at-modiad 2-11.2003.xts apace 5/2712003 Page 2 FAYETTEVILLESPECIflCATIONSLIST No, of Sections = Hybrid Discipl no Cut File Construction Contract 1 Solids Hdlg ConsUucticn Cott act 2 nasd dirks Construction Package 3 Wet Weather No. of sections No. ofeupiicate regd Eta Single I construction ' Package contractsactions 198 193 107 210 165 C MS 11322P Grit Se ratan artd Ctassiftcaiicn E ui mani - Procurement N Y N y 0 MP TGS 11340 Belt Filter Presses Y N N Y 0 E CF 11340a AFD'sforBellFilterPresses Y N N Y 0 MP CF 11341 Gravity GravtyBetTtckener Y N N y 0 MB MS 11350 PackagedOdorCortof tem Y Y N Y 1 MB AS 11351 Odor Control S stenos V Y N Y 1 MB MS 11352 Packed Tower Scrubbers y y N Y 1 MB AS 11356 Odor Control Fans Y Y N y 1 MB AS 11357 Odor Control Da and Valves Y V N Y 1 C AS 11515P Submersible Pro uer MDews-Procurement Y Y N y .1 C CF 11532 In -Chia Static Mixer Y N N Y 0 MP CF 11717 Pol mar Feed S stem Y N N Y 0 MP CF 11727 L uid Chemical FaedSystem Y Y N Y 1 MP MS 11910P Engine Geseintors.Procurement N Y N Y 0 MP CF 11911 Engine GeneratorAccessones N Y N y 0 DIVISION 12- FURNISHINGS 0 DIVISION 13 - SPECIAL CONSTRUCTION I0 MP MS 13190P Fiber lass Reinforced Plastic Chamccal Store a Tanxs-Procurement { Y Y N Y I 1 MP MS 13192P Steel Chentat Store eTanks-Procurement Y Y N y 1 13320 DssoveOxygeMecsnngEgu:pment N Y N I Y 0 13410 SupervisoryCcntrot E u ant N Y N Y 0 iC AS 13500 PlantConYoIS stem I V Y N Y 1 ICAS13530DistrutadCcntroIsystsnih&aware y y N Y 1 IC AS 13540 Communications Y Y N Y 1 iC AS 13550 Software Control Block Descri tions V V N Y 1 iC AS 13560 Instrumental Generat Reouirerrtents Y Y N y 1 iC AS 13562 Flow Instruments Y Y Y y 1 iC AS 13563 Pressure and Level lnstrwnens v Y Y y iC AS 13570 Panels, Consoles, and Aoaurtenances Y Y Y ___________I1 Y 1 iC AS 13580 Uninterru 'ble Power Su Y Y N y 1 C CF 13715 Disinfection of Structures and La Pi roes Y V N y 1 C TGS 13750 Leake a Testis of Skuca:res Y Y N yI 1 ClOS13755CFeannqardDsinfecttonot Structures y y N• Y 1 MB AS 13930 Fire S rinkler 5 stems Y N N y 0 DIVISION 14 - CONVEYING SYSTEMS 0 MP MS 14552P ScrewConve rs-Procurement I Y N N Y 0 MP MS 14553P Belt Conve - Procurement V N N y 0 C AS 14621 Chain Hoists y y N Y 1 C AS 14622 Electric NMs Ro hoists V Y N Y 1 General Mechanical 0 C AS 15010C Valve Installation Y Y Y Y 1 MP AS 15020O Miscellaneous Pi and Accessories -Construction V V V Y 1 MP AS 15060R MiscellansousPi enciPineAsse—Proclr!ernent Y Y V Y 1 CAS15061DuctieFronPipe V Y V V 1 C AS 15062 Steel Pica V Y N Y 1 C AS 15063 Li ht Wall Steel Pica Y Y N Y 1 C MS 15064P StainlessSteei Pi , T�bin , end Accesswias—Procurement V V N y 1 MP MS 15065P Miscellaneous Steel P , Tubin , and Accessories -Procurement Y Y N Y 1 MB AS 15066 Fiber IassReinforcedPlasticPi ExhaustAiServtca Y Y N Y 1 NIP MS 15067P Miscellaneous PlasticPipe,Tubi -and Accessories -Procurement V Y V Y 1 WP MS 15069P Cast Iron So&Pi and Accessories-Procurametrt Y Y N Y 1 MP MS 1507CP Co r Tubi and Accessories - Procurement V V N Y I1 MP AS 15090P An Ia Valves- Procurement y y N Y 1 NP AS 15091 P Miscellaneous Safi Valves - Procurement y y N Y 1 MP AS 15092P Industrial6utterfl Valves -Procurement V V N Y 1 MP AS 15093P Check Valves- Procurement Y Y Y Y 1 MB AS 15094P BackfiowPreven:ers-Procurement V Y N Y 1 MP AS 15095P Solenoid Valves -Procurement Y Y N y 1 MP AS 15096P Globe Valves- Procurement y y N Y 1 MP AS 15098P PIu Valves -Procurement Y Y V y 1 MB AS 15099P Pressure Reduci Va3ves-Procurement Y V N Y 1 tviB AS 15100P Miscellaneous Valves -Procurement C AS 15101 P AWWA Butterfr Valves- Procurement C AS 15102P Eccentric PI Vetvas - Prccurerrert V V V V V Y N N Y Y Y Y 1 1 1 C MS 15103P AWWABellVatves-Procurement V V N V 1 C CF 1510 Knife Gate Valve Y Y N Y 1 C AS 15111O Gate Installation Y V Y y 1 C AS 15112P SuiceGates-Procurement V V V Y 1 C AS 15114P SlideGates-Procurement C AS 15140 PeSupports V y Y Y N V y V 1 1 C AS 15180P Valve and Gate Actuators - Procurement hB AS 15250 Mechanical Insulation Y V V V Y N Y V 1 1 2002sl oList , odifled 2-tt-2003xfe spec. 5/21/2003 Page 3 FAYETTEVILLESPECIFICATICNSLIST Construction Construction Construction No. ofsactions I No. of duplicate Contract Carted 2 Package3 req-dEta Single cortsuucbon Solids Hdlg Heedxorks Wet Weather Package contract sections No. of Sections = 198 193 107 210 185 Hybrid Discipl ire Cut File MB MS 15400 Plumb/ Y Y N y 1 MB MS 15491 High Pressure Wash Systams N N Y y 0 MB TGS 15492 Water Seal System Y Y N y 1 MB MS 15495 Autorrattc Strainers Y Y N y MB AS 15500 Heating. '/erflatirg. ann Air Conditioning Y Y N y MB AS 15990 Testing, Ad' sun . and balancing V V N y 1 DIVISION 16 - ELECTRICAL 0 E AS 16050 Electrical Y Y Y y 1 E AS 16100C ElectricalEuup ment2nstalletmn Y Y Y y 1 E MS 16150P AdJustatle FrequencyDrives-Procurement Y Y N y 1 CF 16155 MediurnVdt e Ad' ,able Fr uenc Drives Y Y N y 1 - AS 16480P 600 Volt Class Motor Comrot Centers • Procurement ! Y Y Y y 1 E AS 16491 P Bypass Isolation Automatic Transfer Sv th - Procutement Y Y N y 1 C CF 16640 Cathodic Protection Y Y N y 1 E AS 16670 Li htn,n Protections tems Y Y N y 1 E HS 16721 Fire DotoctionanASrnSysterns Y V N y 1 2002aheet!Fs -mod,fied 2.!I-2003.tts specs 5/27/2003 Page 4 CITY OF FAYETfEVIL LE NOLAND % WTP IMPROVEMENTS PROJECT ea PHASE SHEET UST Shoat No Dn9.Na. Dluletlno T. Constnc[ian Construction Cons Contract 1 Con(mct2 Contrnd3 No.at I No. duplicate Sod, Hdlg Haadeohts wet Waster Dmwage I drawings No. of Dmwings 126 188 23 234 68 GENERAL Using D 7 1 GI CMIIGene ri}Geneml-Cover sheet/ProiecILaraaon Ma } v v v TRUE t 2 02 CMIJGena General-Shoetlet V V Y TRUE 1 3 03 MIJ Genera General -le end General Noan V V V TRUE 1 4 Gd MU Gene General-AbboevabonaaM Devi m$na V V V TRUE 1 5 05 MI1Gene General-Sbuemml nParametera y v v RUE 1 6 GB MIJGene General-ProcenD.' Parnmeteo V V TRUE 7 07 Civil/Gene General- :aWb Proel� L BWeiWeether V Y yI TRUE 3 GB m1 J Gene Gmemi-Scheaaara-lm ud andWetWeamor y v V TRUE 1 9 CD ml J Gerw General-Sdids Schemaaa OIs„Poe.entng V V TRUE 1 10 GIG P81Ds 'P&EV,-LoecendAbbr.vbowm I V V y TRUE I1 11 Gil PAID, IP&O5-Logtc4endAbtr.vetio,n I v V V TRUE 12 012 P8Ds P403 -Chemical Feed Sch,metre-OBTeand SFP G.Mnlal G+uaa pWsner lase tyaans 0 Pa mer Feed TRUE 13 013 PhD, P&tts-Femle load Cneral gm -P V V TRUE 14 014 j P81Ce PBIDe - Alum Feeds m GCen•.a;Fm.c V TRUE 15 G15 PBIDe Pie-OdorCantrnlB sfentACeuaec jG.rnca Fm' -P V V TRUE 16 010 PSIDe P&ma-OdorcontrolS stem ASodium y v TRUE 17 G17 PSIDe Pate- OderCon9cIS star, BCaused Cs,ca Fm,P V TRUE I 18 018 F P81De PdCe-Od pr Controls stem BSadiwn r. 10rd.rJer 9+aw V TRUE 3 19 010 PSIDe ,General-Chemleel Feed DMadf Cremolgm.p I v Y V TRUE 4 20 G20 P81Ds ;General- Chemical F sed SChCfllaa1S• WW Fersiclane Ceenrat cl opa.m sOatW tonr<Mambr esor / Wm plant alum feed feet In rungs V y TRUE 21 G21 I PB;Ds P&S7 - IrfuentPS Cn v v I TRUE 22 022 P8IDs P&1D-EA9uentPS 0r V v TRUE 1 23 023 PhD, P&(D- Aeration Basin 'Col! v V TRUE 1 24 024 P81Ds P&C- Secondn s;o.s C-^: v TRUE 25 G25 P81Ds P&m - Slud sand Scum Terk and Pura -.g TRUE 028 PBIDe P&ID- Mieoe8aneous Cr! y TRUE 027 PBIDe P&ID - Bel F&esPre V I TRUE I 3 N29 028 PBIDe P&m - Po mer stem V TRUE 0 G29 I PBIDe P& D - Slud a Conve Cv.RUE o G30 PSIDs P&ID-Gra �. Sett ThickenaraTRUE P81Da P&ID -Grits radon iv I TRUE C031 0' 32 G32 Mach [General- Non-Poabin Waterch semeics nh epew kra_ren c,; lonpl gr'stra arnumas or prt nncval y v TRUE 33 033 Meth IPBID - En iM nomfor y TRUE 34 034 Cive /Sde CMI- Site Plan t*=10O' IL%erc'o c' -be arts cuvsgeaacr comps y y V TRUE 35 035 CNB / Site Civil - Site Plan Demolddr li aft vac.atcr. I Fnv'r th1_.enaecuaaaer2 raeannr: a.mtao I ute t y y TRJE ' 35 G36 Civil / Site Civil - Site Plan 3'=20' Cr. cf la nests to ccyarwaa versa ma'm:$n to otai l 1 - Snow re, low cur•.-cl a'.nscille no. - UCCbn era watnq ccrner.cn New 'r4mtPaDe mwrq le.trM an'alnp I y 3a:IU Pw Pr.+nte' an. wtleravre Ins aMacadart t TRUE 1 Po..IG. r ew iewannrg bisEng $ate tea gprq lot 37 037 i CivD/Site CM - Site Plan t'a20" Or. c&on neesur..-vranvmw tamtru$n $oft x. p Po.. bls lou'xir e raw febrY dewaartrap w.aurry. Y TRUE 38 038 CM7 / Slto Civa- Sits Plan Y=2o" One ofn.^eetltococecarra wtaan rnnavuc•,un to art w. i I o Nt. .:resr -J::- n; Fr. rann+t. aria annY. nerccrYwlr no 2 new Ir gent M-rro ruu o-. ,c.]u$amaW 1 V TRUE I c^.arpea'oFn', fine a:Io to an3 tarn y Mega 39 039 Cv$/Sife CV - Seto Pfan1 r20' Cr, o'ry trees tc ccvrxaa vmra ovrulrPGbnmacwl f TRUE 40 040 CO/Site Cml- Site Plan 10=20' One o'.x insetsto co areavmaa muoznror.boaur v V TRUE 41 041 Clog /Site Civ11- Site Plan t'=20' one P'.x ass's :t cwratsawMa mauu:am$o¢w y TRUE 42 G42 C4 /Site [Civil- SitsPlan 1.5o Pr^ary cord and- .roe/vtvu vrxrcoenw. ay.ay Jcr t ! wa a;ar rrr'.e v TRUE 43 043 CiwgSbuct SiMwo rk• Sections and DNat Icarnary Pcrc co nonooe I,nraenn watreanevaeaofa. 1 To ba Cased or lawnnca w or Tats oe Na.ar gtwaus v v TRUE 44 G44 Civil Sibwork- Stommvetarpamtp station.plena.-ACnar9 rew.iwr^wabt pam b:11t - v TRUE 45 045 CMI Sitework- Stomawater station. sections and detan V TRUE 46 046 0h tJStruct Suawork•FlowCot Struclute No. I•phnseceans i v details TRUE I 77 047 CMVStnct & wcrk• How Content Susuckve No. 2•panweenaa I details 'I V TRUE 48 048 Cmfibs uct Sanyo k•Fbw Contid SbueNro No. 3plan aecdottn 1 0 details TRUE 49 049 CMI ISihwork- ps4n, yard emremrea. menhobe V v I TRUE 1 50 G5o Cml Sitawork- mtusectonsand details. v TRUE 51 Al Arch General-ArcdaecturM.RR1A4r'L Schedules V V TRUE I I 52 A2 Arch 3tYne rat-AroltpeCvreF. Door Dolath I v y i TRUE 53 A3 Arch 3ereal- A•chaecturol. Wirdow Dshlh 1 V V TRUE 54 A4 Arch CJenaral-Amaaect:rtA.t ootblb r y y I TRUE 55 A5 Arch 3oneml-ArSldecturp[•RooA Dehea r V v TRUE 56 A6 Arch OeJoraI-Arthftecturet.Roclnc,Oatat4s r V v TRUE 57 A7 Arch General- Aichdocttrel.Staa Details i V V TRUE 58 A8 Arch GeneraI- Arcnitect4rel•Miac. Cehhs v V TRUE 59 A9 F Arch SocthO erakona Buildb.g •Ream FborPlan arnateana.c:cr-,art lrwwpnvrtybn meYanef Ft..., 1. Semon iva eau Pt new purr. wwlawa;anrtwnm .a.rm et$ _ArchISauthOperaoiisBuHdb,a.Gusdmaplan eafi ova -f sr wan. Arch. :Satth O oruNona Build •Budd' Elendona µ V TRUE 00 Al 04ArchSouthOpersbonsRuitdthq.Wad N v TRUE o 61 All N v TRUE 92 Al2 N v 'RUE I 63 Cl Cool Darodon Ran 118-1' nownnova c' DAFa, 3r•P BFe mnveyt a.epoesat G all e1 Inc .cea^. Iy h TRUE 64 02 CMI Basement pran• 1/4- tt'.0 rnav ana ben.rn G. treaavmnoanrGST and 6EP 0 feet an tP.ro.rnew'.YhS Waadnp'.we6 RUE 65 03 Cma5truct'Sautlt Opemoora Suildutg•Opemtlng Fbor clan lfa' irm Nornwnaaas GSTa tine $Yaer rasyabm V ` TRUE 68 04 CitngStruct SovthOendons Buid' •Ssceona end Dehlts V TRUE 7 07 05 CMI ISouthQ erattorte Butld .Sadtono end Dehila V TRUE 0 08 A Arch !Scoesn Buildin •Bu3d Elevations It wb4 :ng .pioeux n -at. sox e-sayM.$ry aanK eseo y TRUE 0 69 A Aran $caeen§uildin •FloorPtan vanrel. mrours teen ivcrs, mhyins avasna and qa 'waefsn TRUE 70 A Arch ISereen3 1l0ln •RootPNn rrt to^y.•trbr.t'as,arysem %n v TRUE 71 A Arch i Sereen Build$ . Walt Seetlora V I TRUE 72 C Ch /Struct IScteen BWN •Den Fborphnt/4' at'•0 I V TRUE 73 C CmWj Sueen 6u4d' •Seceero and DehOe 1 V TRUE 74 C Cmg5truoi Scraon Build'-Sectiaarq end Derails 1 y TRUE 75 C CinYStnJct _1 ___t Chemeiend Fbw A/eaeureraent•Plane I+ehuPose - y TRUEE 70 C CMNSt.uct'InGuani Channfand Flow Meaeurernent•SecoonsaM Details v TRUE 77 A Arch GntRemavat Facilities. 6odinoEIevsdonsI8nCOo Mara,': MN Gr ,sntnl bddaq one ayrism 2. V TRUE IS 78 A Arch oot Plan 1a aaaaewr cane: Frl rr ev2tewura. Sukmg V TRUE 0 7D A Arch Gm RemovacFaciI::ef.Wag See"" •FFcx:m'-H 45r5v ?$*rem sass^»n=ePenwag no°'p y TRUE a 80 CS CMUStruc;1 Ran$ual Faciia7es-Setamerd Pbn row ..,,.n'w•-n Pum y TRUE 0 ' 61 CS fr VStruc ibws 9r'. o.. Ir a alcr am«sacra V I TRUE C 82OSC(Struct G Removal FgSEIot. to�Pt.n 'ncwmc of Dannu a td paasabor I TRUE 83 S sauct Gdt Removalet L� Feea•RoatPhn Sttci nl mc'o1a-. - V TRUE J 64 I CS Civig5tnct Grb Ra in;Z erodes• Sact*na endosatla I v TRUE 0 85 CS QniVStnict Gap RemvatFacityies-Sealonae,MOeta9e ' v TRUE 23c7gwu.l+ lw 2-5o.jy3.W ' Co 3 SZ7703 CITY OF FAYETTEVILLE NOLAND W WiP IMPROVEMENTS PROJECT S PHASE f SHEET LIST Shsst No V l &. DSc ltafire ice Canstnjcton ConsaSKbon Contract 1 Contract2 Solids Hdlg Headwerks No. of Drawings 12¢ 188 Consl(IlnQan Conbtut3 Wetweae*M No. pi I No. duplicaa Drawmgs I drawklgs 23 234 88 Be CS CiYN5tNd 'Influent •.hal resdaauvrNaM pcatasrdU I f Pump Stators NO -1 -Plum t7A-=1'-0 iF' :'I, pp 1684 dt Gory rcor 'ae�aeeaan faro eaOsrad. ref I t u9Gd,avrnpa Lpr.flbar+peaaIt Ma. air ba4 I ( V drrwrn�a. 5•.^c_:. =, Pan la cove cvarwasrw it t wpr a -d purr TRUE B7 CS 1 Cilat(S uc1 Inent PuwpStEon No.1- StWontand Data bs 5,Cae 1aaaa.l cetal',r vro sswrn I v TRUE I 88 CS Civ&Struct! IR.%ent Pu Staten No.1- Sectomand Details u'=+nl aAa aa.l deta.',asnonCI V TRUE 89 A Arch lnduent Pump Stators No.2Electrical euuding- Elevations NOW lomoew.Tu 1 1pnrw Maculcarman W.nwuadY I '+ PSw?T•ee .at -.r ola Wrrea tanM aUf rnGae/ IFx 23'ey 25 costa EI.ctflc4ctan wcl to at PetSt inn revs I V TRUE Nosed aland]y pcwr O. 1Mp,Jr t24on 90 A 1 Arch IlnGuen;Pump Sabon N0.2 Ekctrwai Bubaing-Floor f ' and Roof Plans v G TRUE 91 A Arch 'IMueni Pump Sreton No.2 Electrwei Bubdi -Wall Sect.O rfa V TRUE D2 CS CvWSmjct Influent Pump Station No. 2Pkm GS hu-daoor a n] tzp fl ca A'w i Fbnr arprpn ,EatI I UCC roan TRUE " 93 CS C.i15Wct Inluent Pum Station No.2-Seceom snd Details V ! TRJE 3 04 CS CfMStruct Infiuer! Pump PumpStaiion No -2- Sections and Details V TRUE 3 05 A Arch EAqine Genemtnr Build -Budd' Eiuvaborrt-Fcnatuwey ppcwer •cr PSN2 V TRUE go A Arch Engine 6snearor Bu - Roof and Floor Pius V TRUE 97 A Arch Generator BuiM - Weil Sanest TRUE 98 S Sbvct .E ins Genati Bu -Priam toro SanDe TRUE v9 CS CiW'Struci Primary Ctedtu 5plittarSbucture•Plod, sectgfe- details Vssoxer" iid4 drawngsa Oxspmtvwtpaerwcaa gao crangea v v TRUE 100 CS CNWStruct 'Aeration 8aeltte-Plan tli0- ^ }'-0 STRJCil.RAL AND EXPAHS1 J01M FEPAmt& eserlp replacsn ns Car We swaWpMMnpamdaaaap cao.C --np rorCan Sr,Geaca lo,. mdptmp ca' -on. rasa 18 R4 dran V C TRUE 101 Cs CiviUStruct Aeiaticn esama•EnBtped pnrtlPun1ps .S.cUore. I detala TRUE 102 CS Civlb5ltcl ESSuent F7srs-Pian fib' +t-0 AI::t G'. r'p tao. r'a^.t npp cormaprerrkytr'tpoavaae l t'.ea S: -J^. -'a rapa.'cn blm ttx vtvn,naelp Yll 1 cranr.ela. F"ar cac Awash raGm f v epa0. Can as trifling drawn alo C slop bacs Le -p4 TRUE c 103 CS CrAVStruct l EFuent FCtso-Plan Bessmenl I v TRUE e 104 CS I CMUS uct!ElEuertFillars-SaYJons&Detaba I ' V TRUE r' 105 C Civil ''E( uent Pump Station-Piert, Sectiorn-Detas 'Gar avoars'-r2d:awn29 to ears op bacaprwrw fa-s;er. I I Charge o.dp+rrw for h. aaaaem purtpsla4on rvahr r I V I TRUE wnrora. 106 'Effluent Sluice Gates Motodzea. No Civk5haeta. Show onelectno i drawl FALSE 107 C CMUS ruct Sludge and Seam Holding sank • Plane, ,actions and detalle. ADD CO+.Eie f:OV ER MJCNt EOIJIPAIENr, Gann raw drawn; uairg Did draaaa for rela'aKa V TRUE 108 C CMI Axebic Digester No. ?-Pion, Sections.Dete4s Swwrnoeig'"oorafor 5a4pnanesaaa.p brio. Paant raeca'-o-s to racana ono Gelaupp mopp- assassinates ,- ]rwra Ja n- o -a dtaMn taratr-.- V 3 TRUE 109 C CMI 'Digested SILJdpe Pump Station - Plan Seceorn Dea4s Pxno2y unto nooeaf aM asanar resas readpwarer 1 v TRUE 3 110 A Pitch Said. Dewatanng BuBdirg-iiukdbag Elevabom A1v+o a:o-y -6JX to na:cs ask flFirpnew.cnarza i reed odc-ccc,ttl ac�IGl. a rwa'rd aln ck W'va Wagn pry : v c Glee eloa]- 11 y TRUE 111 A Arch Solius Dewntenn Bu&d-FEMFasocPMn V TRUE 112 A Pitch Solids Dewatann Bum - Second Facer Pion i V TRUE 3 113 A Arch Solids Dewatann BuSdt - RootREn I I V I TRUE i 114 A Arch I Snide Oewabme Buitdi - Enmmed Plans and Reeboom Games I I TRUE I e 115 A Arch ISoJds Dewatenn BuSdi -Wad sectom i v TRUE 0 tic A ATch 150Jids Dewatedn BuEdi-Wellsectiors '! TRUE 3 Ill A I Arch Solids Dewatenn BuEdi -stair Secdom Iv L TRUE I 3 Ire S CMPStruct Solids Dewatedn euI 4-Pion•Lewer Lewi 4 V TRUE o 119 Si CNiiStnict Solids Dewalenn Bufspre -Para• Laws vI TRUE 120 S ! CMVSt..1 Solids Davntadn eu8m-Pfan•Roof V TRUE o 121 S iCMUSbuct l Solids Dewated 9uSm - Seaboss and Detail I V TRUE 3 122 S CMUStruct Soids 0e 9udm-Sectiomerd Detail I V TRUE c 123 S CM375tnr"t Solids Davwtedn euSdi-Sactiomand Detail i V TRUE a 124 S i Civi115truct SOI:da Dewetedn eu8d'-Sectiom and Detail 4 V TRUE C 125 C CMI ISniid9Dewatanrll Bust-SeatiJrie enld Deals V I TRUE 128 C CMI 'Odor Controls stems .Plans Sections Details V I TRUE o I 127 C CMI (Odor Controls tems•Plnns Sections Os&b V TRUE o 128 C CMI Odor Controls tema•Plens. Secdona Detach V TRUE 3 129 S Stauct Concro Jo it (Jstaia V V TRUE 130 S Strict Concreee ReiifOeta ds V I V i TRUE 131 S Seuc Iheson Wall Relrf Detet I V V I TRUE 132 5 S uct !NsonryLinhetrndJM.tDfliL, V V TRUE 133 IROOFREPLACEMENTCRAWP40S - FALSE 134 A Arch Sou91 O rSoin BuIWt Root y TRUE 3' 135 A Arch Prlmery lnlant Pumping Station and Engine.ge1iorator building roof Tans I I TRUE V n 138 A " Arch digested sludge pumptntg atalion arc blear dvabkag 1 um ,talons roof pLan. y TRUE I 137 A Arch efiluert`Jtar beading anti meirdumnea btdldbnp roof 'pleru. I V TRUE 0 138 A Arch iohonnaton building andaemtion beam alactrlminsom roc( lens. v li TRUE c 139 Ml I Mach 'L end aired Abbtev V V TRUE 1 140 M2 Mich 'Paibrng-soidhCposathpcpmthgFrPlsn V V i TRUE 141 M3 Mach Ipkan b!n - Staten Bu'!dinq TRUE c 142 M4 Mach Piumbin -Cxa Re moral Ftcdites V TRUE 143 M5 II Mach 'Pomtbin-Inikmnt P5 No. 2 EIe*ital Blsldi lSland3ry PcworBuinq I V I TRUE 14.4 MB Mach Pknnbin - Edktert Filters. baaertmnt Floor V I TRUE c I 145 M7 Mach Pknnbin - EImr,t Fillens opstfr,g Hoof V TRUE 0 146 Ma Mech PJembin - Sold. D eu8o' Lowrbwi V TRUE I 3 147 M9 I Mach Peemb!n - Sold. D 6ej t U rbwl V TRUE e 148 M10 Mech Plumb;n - SMsmebca and C otaiSs V V TRUE 1 149 M11 Mach Plumb's - Scaadu:es V V TRUE 1 150 M12 Mach 14VAC -SoAh eratlons6ud' O eretln Floorfelan V I TRUE 151 M13 Mach 14VAC & 0C-ScreenBu' ' V TRUE 152 M14 Mach NVAC B CC -On Removal&. I v TRUE '3 153 M15 ' Mach !PP/AC B OC"ielluentfum Stations tend 2Paral Priem V TRUE 154 M18 Mach IFIVAC - InfluentPS No. 2 e'ectrei btPdin and ataad wear I V TRUE 155 M17 Mach INVAC 8 CC -Salida Dewe:enn BeiSm LowrLawl iV TRUE 158 M18 Mach MAC & OC. Solids Deweitenn EuSm U Level IV TRUE 3 157 M19 Mach IFIVAC- SclraduWa V v TRUE 158 M20 Mach PP/AC -5eqi104,oe o(O emtaa v v TRUE 159 M21 Mach Details v V TRUE 160 M22 Mach Dais v V TRUE 1 181 M23 Mach Details V V I TRUE I 182 M24 Mach '.E ne eneesi pLan end seetona- V TRUE I 3 I 113 El Elect '.Le end end Abbreviatam I V I V TRUE 184 E2 Elect ! 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Powerend Li hen Plans I TRUE 205 Ede Elect La tin PerreWoab end Pixivro Scne4U4e• y TRUE 209 E47 i Eta c1 !Site Demlle y v TRUE 210 E4.8 Etett iMeK Details y y TRUE t 211 11 16C IlroTumentetktn Control& Sock m y y TRUE t 212 12 ISC int-u menm'Jon- Insaurftanl DaneSchedule v I TRUE 213 13 1SC Ircgtumentaton- Insomniorm06 a Sc,edub y y TRUE 214 14 Il6C 'linuuumentat4n- Inetrtrmeot Dente Scnedub y TRUE r 215 15 ISC Iryn:mentaton- In,O1ment Oevice Schedrde v I TRUE 218 15 16C Inam:menmaon- IrmTLrrtant Oence Schedule Y TRUE 217 17 I ISO Ins trvmenm5on-Inadumene Oevk;e ScMdne TRUE o 2111 I8 i6C Irsnj mention- IIn,vtn.ntOeviceSchedum i V TRUE 219 .9 ISO Ittetrumenth5on- Imiimnnt Oevw ScheduN V I TRUE t TRUE v y r V 239 Cm1 I 14 GYnl l Genee Cmll Site PBIDs 22 Moon J 28 Arch 38 Chem C Strvn ' 8 M'lStruc` 35 Elect I 48 l8C 1 26 234 2DG2r^••'J4I-rodt W 2-t t.20034e• 3 CF 3 5i27/2C3 12 is I0 I• I• I• I• I• I• I OS -o3 (Q -O3 jto-O3 WASTEWATER SYSTEM IMPROVEMENT PROJECT FAYETTEVILLE, ARKANSAS 11 I -03 112-O5 Fayetteville City Council Meeting - June 10, 2003 • wastewater Project Design/Bidding Contracts le • TABLE OF CONTENTS Wastewater System Improvement Project Section Title Page Number A. EXECUTIVE SUMMARY..N„.N.N......N.».N...N... /....... N....NN.N»........ 3 B. PROJECT BACKGROUND I. Project Overview.»......................N.....»..........»...»..».............. 5 2. Chronological Sequence of Events 3. Project Layout Plan 4. Project Website 5. Project Schedule 6. Master Project Budget C. NOLAND WASTEWATER PLANT ................................».........».... 12 Black & Veatch -Kansas City, MO 1. Consultant Role and Scope Summary 2. Proposed Agreement for Noland Wastewater Plant Upgrade D. PROGRAM MANAGEMENT SERVICES .................„».».....»....... 16 Burns & McDonnell -Kansas City, MO 1. Pre -design Services Summary 2. Consultant Role and Scope Summary 3. Proposed Agreement for Program Management Services E. STREAM MODELING AND NPDES PERMTITING».„................ 19 CH2M Hill -Tulsa, OK 1. Consultant Role and Scope Summary 2. Proposed Agreement for Stream Modeling and NPDES Permitting F. ENVIRONMENTAL PERMTi'PING....»........»........ .... ...n ............... 22 • Environmental Consulting Operations -Conway, AR 1. Consultant Role and Scope Summary 2. (Agreement for services to be submitted at a later date) G. EAST PIPELINES AND PUMP STATIONS.. ....... »"..............».„.. 26 Garver Engineers -Fayetteville, AR • 1. Consultant Role and Scope Summary 2. Proposed Agreement for East Line Work and Pump Stations H. WEST WASTEWATER PLANT».........N........................................ 29 McGoodwin, Williams and Yates -Fayetteville, AR 1. Consultant Role and Scope Summary • 2. Proposed Agreement for New West Side Treatment Plant L WEST PIPELINES AND PUMP STATIONS .............»..........».»..... 33 RJN Group -Dallas, TX 1. Consultant Role and Scope Summary 2. Proposed Agreement for West Line Work and Pump Stations • •.•. I• • A. EXECUTIVE SUMMARY I• I• I• Is I• is I• Li In November of 2001, Fayetteville voters ratified a 3/. cent sales tax by an 87% majority, such revenues being designated to the debt service for a $125 million wastewater improvement project. Immediately following the passage of the ballot question, the project team continued its efforts to implement the needed improvements. By earlier city council action in 2000, this extensive capital improvement program had been subdivided into four component parts, selecting a separate consultant for each segment based upon their specialization and expertise. The resulting project team that has evolved over the last three years is summarized as follows: PROJECT RESPONSIBILITY FJfRM Noland Wastewater Plant Black & Veatch Program Management Services Bums & McDonnell Stream Modeling and NPDES Permitting CH2M Hill Environmental Permitting Environmental Consulting Operations East Pipelines and Pump Stations Garver Engineers West Wastewater Plant . McGoodwin, Williams and Yates West Pipelines and Pump Stations RJN Group At the time of the sale tax bond issue, the preliminary design phase of the project had • been submitted for regulatory approvals, as the updating of the original facility plan report had only been authorized in March of 2000. Other activities that were necessary to move this project forward included a number of technical, administrative, financial, environmental and procedural tasks, including: • Negotiation of contract amendments to complete planning phase services • Submission of the Preliminary Design Reports for agency reviews • Finalization of the State Revolving Loan Fund financing applications • Completion of environmental review records • Selection of consultant to provide program management services • Development of critical path approach for project completion • Coordination of funding, engineering and environmental reviews • Creation of projects standards for professional services and construction contracts Positive outcomes that emerged from the facility planning processes, project coordination efforts and critical analysis of project issues include: ✓ Integration of the multiple consultants into a unified team with clear responsibilities, shared standards, defined scopes and explicit schedules. ✓ Development of detailed professional service agreements that correlate to the project schedule and comply with project budget. ✓ Mitigation of all possible environmental, technical, financial and preliminary • engineering issues to improve project descriptions and professional contract scope of services. 1• .. • n _ u i. q 1 0 ••.: 1 II I• I• I• • ✓ Confirmation of financing programs and resolution of all matters that could constitute critical flaws for the preliminary project planning. ✓ Realization of cost -saving opportunities by capitalizing upon windows of opportunity and by critically analyzing key project assumptions: o Opportunity to coordinate alternative Broyles Road access route for West Plant Site reduces capital improvement costs by an estimated $1.4 million. o Re-evaluation of Goose Creek outfall line and expanded stream modeling offer cost savings of $3.2 million. ✓ Extension of Arkansas Soil and Water Conservation Commission Memorandum of Agreement Schedule to match current contract schedules. Based upon the current status of the project and the Arkansas Soil and Water Conservation Commission's technical agreement with the preliminarydesign report contents, it is recommended that the Fayetteville City Council approve the professional services contracts for the project consultants listed below, thus enabling the team members to commence final design of the Wastewater System Improvement Project and to commence the bidding of the individual contracts as the appropriate approvals are secured. The contracts being submitted for review and approval are summarized in the following table: • PY, :11 I ra MI : V I I I :11 1111 1111 I 11 1 1 1::1"1 i II I •a\I VI: II \/ ¼1 ,RT4lII4 I'nz'it: I• •I II 'ini ••: -, 1 1 11 •I I I II I I: II I• I I• -I I I rl•I1 1'J I!i�b I I w LI Y. I I I 1111/ 1111 �••, 1'I 1 I1 :11.1 .Ih ti II •I1I 1111 '111 • • I1 • 1 ., 1 • j,;I'ta I I I I 1 IIII I III I 11II II 3tt•,II I,. F.I:IxJ 4 • • B. PROJECT BACKGROUND • C C 1, Project Overview The Wastewater System Improvement Project is a comprehensive capital improvement program targeting capacity needs of the sanitary sewer system, including pipelines, pumping stations and treatment plants. Key components of this improvement program include: • Division of system into two major service areas • Construction of new west side treatment plant (10 MGD) • Upgrading of existing east (Noland) treatment plant (11.2 MGD) • Construction of wastewater conveyance systems accommodating changed patterns • Provision of wet weather flow capacity (5 -year storm) to reduce overflows • Alternative sludge management program, eliminating land application Predicted costs of the project are $125 million; of which $100 million will be from the • Arkansas Soil and Water Conservation Commission's Revolving Loan Fund and $25 million will be from private placement short-term bonds. The debt service on the $125 million dollar financing is secured by a special 3/4 -cent sales tax. Operation, maintenance and equipment replacement costs for the improved wastewater system will necessitate a 28% increase in the wastewater service charges to system customers. • • Fayetteville has had a long standing need for wastewater system improvements, the catalyst for the current program being a consent decree from the regulatory authorities in the 1980's. Frequent wastewater overflows demanded the commencement of the facility planning for system improvements, such study analyzing multiple arrangements and methods. Due to site location issues, the facility planning study was updated in the late • 1990's and forms the basis for the current improvement program. The magnitude of the project posed concerns for the city administration, resulting in the project being divided into four major components, the east line work and pump stations, the west line work and pump stations, the Noland plant upgrading and the new west side treatment plant. • Fayetteville is strategically situated at the headwaters of two major watersheds, one being to the Illinois River (west) and one to the White River (east). Both of these receiving streams are deemed sensitive water bodies due to a combination of recreational and water supply uses. For such reasons, the levels of treatment being predicted for Fayetteville's treatment facilities are stringent, setting low limits for organic content, suspended solids, • and nutrients plus requiring disinfection. Achievement of these standards requires additional treatment processes and involves increased costs for construction, operation and maintenance. Such high performance standards are incorporated into this project's financial planning, and restrict the comparison of local costs to those in other cities with less stringent requirements. Fayetteville's facility needs are unique and directly keyed to • local water quality issues. • - i _ �•_ �i L; • Local residents strongly support the protection of natural resources and water quality as • evidenced by the 87% passage of the sales tax bond election. The enclosed design contracts enable this important capital improvement activity to advance and maintain targeted schedules, plus initiates needed forward progress to maintain compliance with financial projections and allowance. • • • •• • • • • • Fayetteville City Council Meeting - June I0, 2003 • Waste"tc Project Desigo/Bi&Iing Contracts Cl • • 2. Chronological Sequence Of Events Since the passage of the sales tax bond election on November 6, 2001, the project team has continued to address the various procedural, technical, financial and administrative needs of the project. The sales tax election date was strategically chosen, allowing a seamless transition of the 1 -cent library sales tax to a %-cent sales tax in April of 2002. Much of the preliminary engineering, facility planning and other wastewater project tasks • were in progress at the time of the election, requiring time for completion, reviews and approvals. A chronological summary of the tasks and activities are noted as follows to illustrate the multiplicity and complexity of the remaining tasks: 0 • • • • • • I I 1• I ' • wlllw I'I ':I. _' 1 .� .1I�1 I1'I .Y.II I' 11 L'i11 J 1 1 \ • 1• Nil I H 1 ' • •1 1 11 ' I 1 1 111 •IUJ 1 . 1 Y. 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II I'•1 I .1-tt I iM- g.Itt..JIIrY. IC.),.' •.. • :'J..MII ,11 I YII . Ml .w 1 .•1 -1 .RUI/1�'� ,nIPZ1 I .. 1 I:II.I 11...1' I V✓.1 . .'1. I 1 .� '/1 .Ir` I I •.•' .1 I IY.1.! l .III . Q. 1 •' ✓.1• YI �• . i.'} •11 I. 11/ ..1 I 1 �I J•: .1__' 1 F '. • :k -l€.1 it', II,. Y.1IIII♦ !_. I 1 Ii�g.i 4.jii.fI ii Ii IKI.I 1•' 11 1 II ♦1 I • .111 Y. I I • I � I 1 Fayettcville City Council Meeting - June 10, 2003 • Wastexata Project Ihsign/Bidding Contracts • • • SCHEMATIC PROJECT PLAN ON FOLLOWING SHEET (ATTACHMENT A -PROPOSED LOCATION OF SYSTEM IMPROVEMENTS) • C •. • • • .�� •' : .. .• ...: 1 I ,� CjjC-t _, ��� ' L CS, CS , n r 1 YYe0 o - } V I a, - z�OO}O . M 5r x 00 nz m� 0m b O 0 -4 n1 S o D zz > N T z D D xn < cr ri op � n e <'I 'C mn C a L • • 4. Project Website • During the first phase of the program manager's contract with the City of Fayetteville, a project website was developed to facilitate communications with citizens and special interests. This site has been established and will serve as a repository for project information. The site has limited information to date as the project activities have consisted of preliminary design and planning. This public portal will be used to provide • citizens and others concerned with access to contracts, status, payments, progress reports and schedule information. In addition to uses associated with public communication, this website will serve as a functional communication medium for the consultant team, using the site for messaging, reporting, reviewing, commenting and collaborating. • The project website is available at: www.fayettevilleupdate.com • • • • • Fayetteviae City Crnmr51 Meting - Jane 10, 2003 • Wastewater Project Desigo/Biddmg Co=eds [U • S. Project Schedule I• K7 I• I• I• • The schedule for the project has been developed from the earlier timelines submitted by the consultants during the contract negotiation process. The schedule is based upon months from start date rather than specific chronological dates. After the contracts are approved by the Fayetteville City Council, the schedule will be converted to a date specific master schedule and distributed to the consultant team. This will serve as the performance measure for progress of the various tasks, and will be used to validate the conformance of the monthly statements to the progress schedule. At certain milestones, the status of various contracts are targeted for review, using these checkpoints to track multiple payments, activities and progress of individual tasks. The project schedule is illustrated on the following pages: rI St A. . •:. I S] I• RLF-9A L I• [] I• 1•. 1• [I I. I• I• (R-02/03) AMENDMENT NUMBER I_ TO MEMORANDUM OF AGREEMENT _ BETWEEN THE ARKANSAS SOIL AND WATER CONSERVATION COMMISSION AND THE MUNICIPALITY OF CITY OF FAYETTEVILLE, ARKANSAS The original dates set forth in this agreement were predicted using a preliminary planning and design schedule that, because of the project's magnitude and complexity has proved to be overly optimistic. BY THE MUTUAL AGREEMENT OF THE ARKANSAS SOIL AND WATER CONSERVATION COMMISSION AND THE MUNICIPALITY OF CITY OF FAYATTEVILLE, the Memorandum of Agreement dated December 11, 2001, under Section 3, Part III is hereby amended as follows: RECEIPT SUBMITTAL SCHEDULE DATE BY ASWCC A. Preliminary Engineering Report, III Analysis and first submittal of the Application SEE NOTE BELOW January 15, 2002 B. Draft Environmental Information Document (EID) January 15, 2002 C. Final EID with Public Participation Documents and Final Engineering Report March 1, 2002 D. Proposed User Charge Ordinance with Rate Structure Documentation (RLF-122) and Proposed Sewer Use Ordinance March 28, 2003 E. First Submittal (First Contract Section), of Plans and Specifications (P&S) and Project Performance Workplan November 15, 2003 F. Enacted User Charge Ordinance with Rate Structure Documentation and Enacted Sewer Use Ordinance January 5, 2004 G. Final P&S,(First Contract Section), Project Performance Workplan and the Final Application (including the Agreement for Construction Phase Engineering Services) March 5, 2004 Target date for application certification is April 5, 2004. NOTE: At this time, review public participation requirements: 1. Schedule public meeting to discuss alternatives (30 -day notice). • 2. After public meeting, schedule public hearing to discuss selected alternative and receive general comments from the public (45 -day notice). Mail EID and send notices to State and Federal agencies. 3. Hold public meeting and public hearing at scheduled times. For the Arkansas Soil and Water Conservation Commission • 1(/A/ • ' 1 / // s O/f/1 David Meador, qief Water Resources Division 3-24- 2oa3 Date rage I of 1 I• • I• • • 1NsaNtaa OW Wts b Onpa "* a10a %FW b Kmb- VNaWea Hanta"I" b O/apa Y tLS Nat SbsV b Onpp Namaatr.tp un &woe Onw 1A1 Sapat fttw St •1aad1'a a NSVd yft%asagr P"w NeWM Nas0rab Laud. Psp SbNan 13.1a. 19. a p•fh Easufls Una? Easetloe Pwo SUNbns $4. tt tE t fits E91"m tale 4 MW! RN RJN RAN RJN RUN FUN RUN 3V BV ev 06 GE GE GE Din & UUYI]nn" SMCo mock a Veatch 9v Gn Enpw•wna GE NcGa�nw,n, WYasne a vas MVY RUN GMW RUN Complete detailed preliminary project schedule and schedule narrative FL r' iii http://fayettevilleupdate.com/schedule.htm 5/30/2003 a 0 0 I! I9IIL I II Ii rn 11111111111 11111111111 u rv_ A 9 V: J C O V N O U b O A A C, m _ u V x i m LL It ri > F�l 'r ` 1 F i � LL n 1 ! v F I� 1 ' 1 I• I• I• I• I• 1• I• • 6. Master Project Budget I• 1• r I• THE FOLLOWING PAGE CONTAINS AN ITEMIZED COST PREDICTION FOR THE WASTEWATER IMPROVEMENT PROJECT 11 • • • • • ri 'Cit T i^' N N 10 N'O OID fl)n )o N O I❑ c c c I❑ EI c m o¢g a c y2 o C 1 D3.Iok Im A m X0'1 0 0' Ic a ca1.0 ,Z g zz� N n _• ? r O lij� O O g clI , I�.��RI H O O D y n r Z ' 2 O ✓I '= c i c n )b t.' I R: :.D w; N c n.. Z T _ .. m y N , o ,� iv I I :'<I I ry 1 : T of ] 'c e o. v; :+ c y i u a h z e N I } n n N N - a, .111 Cl, ti y Ill 1 + w N N N N z m .n444 - U N u 9 = O'Ji:: N N pNp N r (J y v O:O '.; I I m a q O A N O 4: ! N LJO O CI . T 3 c m I I I I n O 2 ~ T 1 m a N O U W O + °°- - � 1 I c m 0 xJ G n C m D o O m « N W O Z G •31 (4N l NNN «N NN a«««OI = D,D 00000 DC OOaOm i C! iNiTm ' C I 0 ri N -{ a N W- « N « N Q a O m V N + U,+ .- M m O N N O O O I ^ VV 1 O ._. _ a m O J F N o��3 , = pp pmgt N NN W N-- yN N •, ! L 8 N N InW UO C C 000000 a 0 0 w W l m I I _._-.- III -13 Ji L = m N� O c N C) O « N imi � � y, M♦w rN,l m N N NNE +O J�� O ��O11 m IJ N O C O O N p O " is C O_. + r J� _. .. •_ .... .. ... .. .. ... -.•.--,-----..-..L.. _ d __ m m c m o Z -I - - m _ m I �� « « N ^ — 1 O 'OI - r F O f.ir• b mp N Y N N .� N 1•t._ {,p O N « v . - p 1 m V O U N 0 O V O U O N r' z D A o u O m D L7 Z v n O 0) 3 3 A D C> cn CO s 0 + + N Imo' J q N m m N N C, O o o ci y « N m o + II -o' mm O .T I I 3 z I I o r • I c c m m i _ A I � ; O Z N O « 9 N y o O a o 0 • c) ,I C I D m I C C O tp C -- N pN ni ► m + O' 6 O o T N Qe C °' n'I N O C, G O O I• I• I• I• J• BLACK AND VEATCH CORPORATION Noland Wastewater Plant 1. CONSULTANT OVERVIEW SHEET 2. PROJECT RESPONSIBILITY MAP 3. PROFESSIONAL SERVICES AGREEMENT Fayetteville City Council Meeting - June 10, 2003 Wastewater Project Design/Bidding Contracts 12 • WASTEWATER SYSTEM IMPROVEMENT PROJECT FAYETTEVILLE, ARKANSAS PROJECT TITLE: East Noland Treatment Plant CONSULTANT: Black and Veatch Corporation 8400 Ward Parkway Kansas City, Missouri 64114 Contact: Earl Jenkins Ph. 913-458-3429 Email:ienkins bv.com SUB -CONSULTANTS: Garver, Inc. (Surveying) 3810 Front Street, Suite 10 Fayetteville, Arkansas 72703 Contact: Brock Hoskins Ph 479 527-9100 Emad:behoskinsAizarverinc.com McClelland Consulting Engineers, Inc. (geotech) P.O. Box 1229 1810 North College Avenue, Fayetteville, AR 72702 Contact: R. Wayne Jones Ph: 479 443-2377 Email: wiones@mcclelland-engrs. com 1 i'i' i' t l I :? K .1 1.' • 1. 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'• .& 1 •.• is s 1 1 1 1• • :n: tion IC • 1 :sig m e m o I I I I I I 1 1' design 11 1. Ii II :� I II 1 11 I I I 1 III 1methods. 1, I: 1 r 1 1 1 1 Preparationconstruction •nt Yspecifications and 1'A 1'1 1 11 1 1 •b1.• 11 1 VI 11 1s..11 I ♦ 1 I' 1 II I' III 1 •• 111 ♦ td IIconstructioncontracts11 11 1♦ Y 1 • 'I1: Y CONSULTING SERVICES NOT IN CURRENT SCOPE: In addition to the services described above, a general description has been provided in the agreement for services _I I 1'In •_111 11. ' :17f I u • I+& ICI '11 i 1111 �' 14 1• L 1• • that will be necessary Sr completion of the project, but have not been specifically defined at this time, including construction phase engineering, resident inspection services, operation and maintenance manuals, one-year follow-up services, expenses due to litigation, professional representation in court, and other items that are specifically excluded, but could become necessary. A fee for such services will be developed at a later date. CONSTRUCTION COST ESTIMATE FOR THIS PORTION OF THE PROJECT: $17.1 Million CONSULTANT SERVICES CONTRACT AMOUNT FOR THE LISTED SCOPE OF SERVICES: $2,363,200. 15 0 • I. G NOTE 4 PLANT INfLUIXY EFFLUENT STORAGE RESERVOIR PLANT EFFLUENT TO MUD CREEK PRWARY POND (CONVERT TO EXCESS FLOW STORAGE BASIN) DIGESTED SLUDGE TO SLUDGE MANAGEMENT SITE (OPURATION TO BE ABANDONED WITH NEW BIOSOLIDS MANAGEMENT II LOYrML 3 STBKTw IC.J NOTF t ifflje=—�: CONTROL I STTI RLCAE \ ILi n 'M1; o:' II 3 PLANT EFFLUENT TO WHITE RIVER FLUENT PUMP STATION TO SLUDGE MANAGEMENT FOR IRRIGATION ' lUILD171O ICY Jr t. SOEOUAO 1IILOIC a. WV I:W'ALleta miWm J. 1I/LIIYT A/ ]TAROQ I ] 2 1. MISSY 4Mlflm ]. AtMnm MTIc I. SW DMlflm Y. £PU WT FLllfl(f I. O15 WECTW I fO T ALMTI I I. AERONC 01, TER St LOYTMO TNIQO]O .YIUG! ■TO%A]T TAM to. Wa). DWMnae auwlq 11. ]TM1t1 AlO]E MRDtq Moll It. WtOlt( I]. aINIIDM It, OIGUITD flCW WILDlq IMTIm 1]. MI JNI3]OILGlq I]. MINTF.MIf! ARlolq IY. ODITWq 1ULNq RM "a m!W MUION MY CONTROL STRUCTLNES q. 1 10 OIVMT HANY YIPtMUT TO MA ICAOIbaJ W. 2 10 OIRCI FL d TO tlll0 IMUTNI INr ]TATIM C. S IO mMrgL Am M ALO Aran WIC LEGD (XISTIC FACEIIUU IIq]FO AgfTtm] Nmlflm TO $RIT A.NtT FMCllm MAIoOY IN MAW _ tTEJ: r. gT1V61TTD 10 ta]ffi TLA TLMInm, 2. 01Var N TNIQI Wt ]7M. S. '6Rn A1O itlNDQllm DU 4TOY WW Ra WITH LYTMTILn WIWPC. A. AlIL1 IMnu1MY OLC►I®n tc.aaI Ys Aq OMVITY TYIOr<][AS. If I• • PROPOSAL FOR ENGINEERING SERVICES Noland Wastewater Treatment Plant City of Fayetteville Fayetteville, Arkansas Submitted to Department of Public Works May 27, 2003 BLACK & VEATCH CORPORATION • AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And BLACK & VEATCH CORPORATION THIS AGREEMENT is made as of , 2003, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and BLACK & VEATCH CORPORATION with offices located in Kansas City, Missouri (hereinafter called BLACK & VEATCH). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the planning, design, permitting, construction, operation, maintenance, management, and financing of the Fayetteville Wastewater System Improvement Project and in particular Noland Wastewater Treatment Plant Improvements (The "Project"). Therefore, CITY OF FAYETTEVILLE and BLACK & VEATCH in consideration of their mutual covenants agree as follows: BLACK & VEATCH shall serve as CITY OF FAYEIIEVILLE's professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of BLACK & VEATCH's services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. If Construction Phase Services are to be provided by BLACK & VEATCH under this Agreement, the construction shall be executed under the observation of a professional engineer registered in the State of Arkansas in accordance with Arkansas Code Amended §22-9-101. • • 0 • SECTION 1- AUTHORIZATION OF SERVICES • 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of BLACK & VEATCH. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of BLACK & VEATCH. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Professional Services-Designer-Rev4.doc Cygnet: 90104 052303 I• • Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2- BASIC SERVICES OF BLACK & VEATCH 1 2.1 General 0 2.1.1 Perform professional design services in connection with the Project as hereinafter stated, which shall include normal civil, structural, mechanical, and electrical engineering services and normal architectural design services incidental thereto. I• r I• I• is It I• 2.1.1.1 The Scope of Services to be furnished by BLACK & VEATCH during the Final Design Phase is included in Section 2.2 hereafter and in Appendix A attached hereto and made part of this Agreement. 2.1.1.2 The Scope of Services to be furnished by BLACK & VEATCH during the Bidding Phase is included in Section 2.3 hereafter and in Appendix B attached hereto and made part of this Agreement. • 2.1.1.3 The Scope of Services to be furnished by BLACK & VEATCH during the Construction Phase, if any, will be finalized and contained in an amendment to this Agreement after Final Design is completed. 2.1.1.4 The Scope of Services to be furnished by BLACK & VEATCH during the Post - Construction Phase, if any, will be finalized and contained in an amendment to this Agreement after Final Design is completed. 2.1.1.5 The preliminary Scope of Services to be furnished by BLACK & VEATCH for Resident Services During Construction, if any, will be finalized and contained in an amendment to this Agreement after Final Design is completed. 2.1.2 CITY OF FAYETTEVILLE has retained the services of BURNS & McDONNELL ENGINEERING COMPANY, INC., a Missouri Corporation specializing in consulting engineering services, as the "Program Manager" for the Wastewater System Improvement Project. The professional design services to which this Agreement applies are a part of the • Wastewater System Improvement Project. BLACK & VEATCH shall coordinate their activities and services primarily with Program Manager and all other parties that CITY OF Professional Services-Designer-Rev4.doc 052303 Cygnet: 90104 • FAYETTEVILLE may contract with for program management or professional design • services as a part of the Wastewater System Improvement Project. BLACK & VEATCH and CITY OF FAYETTEVILLE agree that BLACK & VEATCH has full responsibility for the engineering design. 2.2 Final Design Phase • 2.2.1 Prepare for incorporation in the Contract Documents detailed drawings to show the character and scope of the Work to be performed by contractors on the Project (hereinafter called the "Contract Drawings"), and Invitation to Bid, Instructions to Bidders, Bid Form, Agreement • and Bond forms, General Conditions, and Specifications (all of which, together with the Contract Drawings, are hereinafter called the "Bid Documents") for review and approval by CITY OF FAYETTEVILLE, its legal counsel, and other advisors as appropriate, and assist CITY OF FAYETTEVILLE in the preparation of other related documents. • 2.2.1.1 Bid documents shall be based on Construction Specifications Institute (CSI) Master Format and Section Format and shall incorporate CITY OF FAYETTEVILLE's standard general conditions and forms. Bid documents shall include required forms for State • • Revolving Loan Fund funding. Text documents shall be provided to CITY OF FAYETTEVILLE in Microsoft® Word Office 2000 version software. Contract drawings shall.be prepared using standard borders, sheet sizes, title blocks and CADD standards provided by CITY OF FAYE I I EVILLE. BLACK & VEATCH may use their normal • software for the preparation of drawings but the final product shall be provided to CITY OF FAYETTEVILLE in Autodesk AutoCAD version 2000i. 2.2.1.2 Develop and include in Appendix A of this Agreement for approval by CITY OF • FAYETTEVILLE, a project design schedule in which BLACK & VEATCH shall include, in an acceptable level of detail, the steps and milestone dates to be undertaken by BLACK & VEATCH in the completion of this final design. This Schedule shall include reasonable allowances for review and approval times required by CITY OF FAYETTEVILLE, performance of services by CITY OF FAYETTEVILLE's consultants, and review and approval times required by public authorities having jurisdiction over the Project. This schedule shall be equitably adjusted as the Project progresses, allowing for changes in scope, character or size of the Project requested by • CITY OF FAYETTEVILLE, or for delays or other causes beyond BLACK & • Professional Services-Designer-Rev4.doc 052303 Cygnet: 90104 I• • VEATCH's reasonable control. Nonconformance with this schedule by BLACK & • VEATCH and its subconsultants may result in the assessment of damages payable by BLACK & VEATCH to the CITY OF FAYETTEVILLE for costs and damages incurred. The maximum cost liability of BLACK & VEATCH shall be limited to the total gross amount payable to or through the Consultant authorized under this agreement, including • amendments thereto. 2.2.1.2.1 The progress design schedule shall consist of a bar chart schedule depicting the duration of each sub -project and the discrete milestone activities which make up the • sub -projects, but at a minimum shall include contract drawings, contract specifications, and design reviews as indicated in Section 2.2.10. Separate line items and durations may be shown for costs that apply to the Project as a whole, including, but not limited to, Project Management and Administration, Insurance, Value • Engineering, surveys, subcontracted work, and property acquisition and easement documents. BLACK & VEATCH shall assign to each schedule activity of the progress design schedule a corresponding cost value that shall include a monthly • allocation for labor, expenses, overhead, and profit. The sum of all cost values • assigned shall equal the Lump Sum Amount shown in Section 6.1.1. of this Agreement. 1• I• 2.2.1.3 When requested by the CITY OF FAYETTEVILLE's Public Works Director, prepare for and attend up to four City Council meetings to provide periodic updates on the progress of the final design. 2.2.1.4 If the plans and specifications for the project require bids on alternates in addition to a base bid, there shall be no more than three (3) alternates, and the alternates shall be developed and described in accordance with Title 22, Article 9-203 of the Arkansas Code. • 2.2.1.5 To the extent practicable, evaluate the feasibility of sequencing and segmenting the Work into stand alone multiple construction or procurement packages which may yield immediate operating benefits to the CITY OF FAYETTEVILLE and give these first priority for completion. The separate design or procurement packages to be completed 40 by BLACK & VEATCH are listed below. • Professional Services-Designer-Rev4.doc 052303 5 Cygnet: 90104 2.2.1.5.1 1. Solids Handling Facilities 2.2.1.5.2 2. Procurement of Belt Filter Presses 2.2.1.5.3 3. Headworks and Other Plant Improvements 2.2.1.5.4 4. Wet Weather Facilities 2.2.2 Prepare technical criteria, written descriptions, design data, and applications necessary for filing applications for permits from or approvals of the following applicable governmental authorities having jurisdiction to review or approve the final design of the Project and assist in securing approvals. Approval letters and permits shall be furnished to the Arkansas Soil and Water Conservation Commission, including the written approvals from the Arkansas Department of Health and the Arkansas Division of Environmental Quality. Actual Filing and Permit Fees will be paid by the CITY OF FAYETTEVILLE. Assist CITY OF FAYETTEVILLE in consultations with appropriate authorities. 2.2.2.1 Arkansas Soil and Water Conservation Commission (ASWCC) • • 2.2.2.2 Arkansas Department of Health (AHD) 2.2.2.3 Arkansas Department of Environmental Quality (ADEQ) 2.2.2.4 U.S. Army Corps of Engineers (COE) • 2.2.2.5 Fayetteville Planning Commission 2.2.2.6 Arkansas State Highway and Transportation Department 2.2.3 Advise CITY OF FAYETTEVILLE of adjustments in excess of five percent of the cost opinion for the Project caused by changes in scope, design requirements, or construction costs and furnish a revised cost opinion for the Project based on the final Bid Documents. 2.2.4 Advise CITY OF FAYETTEVILLE of final Opinion of Probable Project Costs, including, but not limited to, construction, inspection, testing, startup, O&M Manuals, and one-year performance evaluation. Professional Services-Designer-Rev4.doc 052303 p. Cygnet: 90104 I• • 2.2.5 Furnish CITY OF FAYETTEVILLE with 10 copies of the final Bid Documents. 1• 2.2.6 Determine land and easement requirements and provide consultation and assistance on property procurement as related to professional engineering services being performed. I• 1• I• 2.2.7 Provide appropriate professional interpretations of data, geotechnical investigations, core borings, probings and subsurface explorations, hydrographic surveys, laboratory tests, and inspections of samples, materials and equipment obtained through subcontract services for authorized Project services including property, boundary, easement, right-of-way, topographic, and utility surveys; noting zoning and deed restrictions. 2.2.7.1 Fully disclose all subcontract agreements including the name and address of the subconsultant, the scope of services to be provided and the value of the subcontract agreement. 2.2.7.2 Incorporate into all subcontract agreements for planning and design engineering services the applicable milestone dates from the Submittal Schedule contained in the • Memorandum of Agreement, as amended, between ASWCC and the CITY OF • FAYETTEVILLE and require all BLACK & VEATCH subconsultants to be bound by the Submittal Schedule. 1• C 10 2.2.7.3 BLACK & VEATCH will provide a preliminary and final project performance work plan for submission to ASWCC 2.2.8 Render monthly Work progress reports to CITY OF FAYETTEVILLE and Program Manager and confirm status of compliance with final design schedule. 2.2.9 Provide to the Program Manager in a format mutually acceptable to the Program Manager and BLACK & VEATCH such schedules, reports, opinions of probable costs, renderings, project summaries, and other data as may be required, for posting by others on a project web site to allow the public to monitor and review the activities, materials, and financial status of the project. Refresh the data supplied to the Program Manager no more frequently than monthly. • 2.2.10 Design shall be reviewed by CITY OF FAYETTEVILLE, or such parties as CITY OF FAYETTEVILLE shall designate, at the applicable completion levels outlined below. Professional Services-Designer-Rev4.doc 052303 Cygnet: 90104 •I 2.2.10.1 West Side Collection System Improvements — 30 percent and 90 percent. • •I 2.2.10.2 2.2.10.3 2.2.10.4 2.2.11 East Side Collection System Improvements — 30 percent and 90 percent. West Side WWTP: • Plant Access Road and Improvements — 30 percent and 90 percent. • Plant Effluent Line — 30 percent and 90 percent. • West Side Wastewater Treatment Plant — 30 percent, 60 percent, and 90 percent. Paul Noland Facility: • Wet Weather Package — 30 percent and 90 percent. • Headworks Package — 30 percent, 60 percent, and 90 percent. • Solids Handling Package — 30 percent, 60 percent, and 90 percent. See Appendix A for additional services or clarification of services to be provided by BLACK & VEATCH. 2.3 Bidding Phase 2.3.1 2.3.2 BLACK & VEATCH will follow Arkansas Soil and Water Conservation Commission statutory bidding protocol for State Revolving Loan Fund. Arrange for bidding notices to be sent to contractors publishing services and direct mailing to contractors of record. Notices shall comply with requirements of CITY OF FAYETTEVILLE and Revolving Loan Fund (RLF) administered by the Arkansas Soil and Water Conservation Commission, Construction Assistance Division, and the Arkansas Development Finance Authority (ADFA). The legal notice to be placed in legal notices section of a local newspaper(s) of countywide and statewide circulation and shall be coordinated with CITY OF FAYETTEVILLE purchasing agent and an affidavit of publication secured. J •1 •I ••1 •I El •I 2.3.3 Prepare addenda for drawings and Bid Documents as required and submit to Program Manager in timely manner such that addenda can be issued by BLACK & VEATCH in accordance with Construction Contract General Conditions. All bidding protocols shall • conform to ASWCC statutory requirements with all addenda being approved by ASWCC • prior to issuance. Professional Services-Designer-Rev4.doc 052303 Cygnet: 90104 • • 2.3.4 Secure updated state and federal wage rate decisions and incorporate into the Bid Documents. • Update wage rate decision by addendum if necessary. 2.3.5 Assist CITY OF FAYETTEVILLE by issuing and tracking Bid Documents, addenda and communications during bidding and maintain list of plan holders. Print and distribute copies • of plans and specifications for all prospective bidders and plan rooms. Collect from prospective bidders an appropriate non-refundable fee to offset cost of reproducing and distributing Bidding Documents. • 2.3.5.1 BLACK & VEATCH shall attend a Pre -Bid Conference organized, convened, and conducted by the Program Manager to explain the project requirements and receive questions from prospective bidders. BLACK & VEATCH shall consider the questions received and issue necessary clarifications and changes to the Bid Documents through the • use of addenda. Make logistical arrangements for and conduct a site tour of the project area. 2.3.6 Assist CITY OF FAYETTEVILLE in obtaining and evaluating bids and preparing • construction contracts. BLACK & VEATCH shall prepare and submit bid certification documents to ASWCC for review. 2.3.7 Consult with and advise CITY OF FAYETTEVILLE as to the acceptability of subcontractors and other persons and organizations proposed by the prime construction contractor(s), hereinafter called "Contractor(s)," for those portions of the work as to which such acceptability is required by the Bid Documents. 2.3.8 Make recommendations regarding award of construction contracts. 2.3.9 Attend Water and Sewer Committee meeting and the ensuing City Council meeting to recommend action by the respective bodies. Prepare and present a recommendation complete with such supporting information as necessary for the bodies to make an informed decision • on the action recommended. 2.3.10 Develop and include in Appendix B of this Agreement, a bidding services schedule in which BLACK & VEATCH shall include, in an acceptable level of detail, the steps and milestone • dates to be undertaken by BLACK & VEATCH in the completion of the bidding services. The bidding services schedule shall consist of a bar chart schedule depicting the duration of the bidding period of each sub -project and the discrete milestone activities which make up the Professional ServicesDesigner-Rev4.doc 052303 Cygnet: 90104 • sub -projects. Separate line items and durations may be shown for costs that apply to the • Project as a whole, including, but not limited to, Project Management and Administration, • and Insurance. BLACK & VEATCH shall assign to each schedule activity of the bidding services schedule a corresponding cost value which shall include a monthly allocation for labor, expenses, overhead, and profit. The sum of all cost values assigned shall equal the Lump Sum Amount shown in Section 6.1.2. of this Agreement. • 2.3.11 See Appendix B for additional services or clarification of services to be provided by BLACK & VEATCH. • 2.4 Construction Phase 2.4.1 The scope of Construction Phase Services, if any, will be negotiated following completion of Design Phase Services. • 2.5 Post -Construction Phase 2.5.1 The scope of Post -Construction Phase Services, if any, will be negotiated following completion of Design Phase Services. • 2.6 Resident Services During Construction 2.6.1 The scope of Resident Services During Construction, if any, will be negotiated following completion of Design Phase Services. SECTION 3- ADDITIONAL SERVICES OF BLACK & VEATCH 3.1 General 1 If authorized in writing by the CITY OF FAYETTEVILLE Mayor and the City Council and agreed to in writing by BLACK & VEATCH, BLACK & VEATCH shall furnish or obtain from others Additional Services of the following types that are not considered normal or customary Basic Services. The scope of • Additional Services may include: 3.1.1 Grant and Loan Assistance Prepare applications and supporting documents for governmental grants, loans, or advances. • S Professional Services-Designer-Rev4.doc 052303 Cygnet: 90104 • • 3.2.2 Making revisions in Drawings, Specifications, or other documents when such revisions are: • 3.2.2.1 Required because of inconsistent approvals or instructions previously given by CITY OF FAYETTEVILLE, including revisions made necessary by adjustments in CITY OF FAYETTEVILLE's program or Project Budget. • 3.2.2.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents. SECTION 4- RESPONSIBILITIES OF CITY OF FAYETTEVILLE • CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of BLACK & VEATCH: 4.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. • 4.2 Assist BLACK & VEATCH by placing at BLACK & VEATCH's disposal all available information pertinent to the assignment including previous reports and any other data relative • thereto. • 4.3 Guarantee access to and make all provisions for BLACK & VEATCH to enter upon public and private property as required for BLACK & VEATCH to perform his services under this Agreement. 4.4 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals, and other documents presented by BLACK & VEATCH and render in writing decisions pertaining thereto. G 4.5 Provide such professional legal, accounting, financial, and insurance counseling services as may be required for the Project. 4.6 Designate in writing a person to act as CITY OF FAYETTEVILLE's representative with • respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by • this Agreement. Professional Services-Designer-Rev4.doc • Cygnet: 90104 052303 •I 4.7 Give prompt written notice to BLACK & VEATCH whenever CITY OF FAYETTEVILLE • observes or otherwise becomes aware of any defect in the Project. • 4.8 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. Pay directly to the governmental authorities the actual filing and permit fees. 4.9 Pay for placement of legal notices and advertisements in newspapers or other publications required by program requirements of the Wastewater System Improvement Project. 4.10 Furnish, or direct BLACK & VEATCH to provide, necessary Additional Services as stipulated in Section 3 of this Agreement or other services as required. 4.11 If CITY OF FAYETTEVILLE's standard bidding requirements, Agreement forms and General Conditions are to be used, CITY OF FAYETTEVILLE shall provide copies of such documents for BLACK & VEATCH's use in coordinating the Contract Drawings and Specifications. •I •1 •I 4.12 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide • • written comments to BLACK & VEATCH in a timely manner. SECTION 5- 5.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 5.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. BLACK & VEATCH will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. Professional Services-Designer-Rev4.doc Cygnet: 90104 •I • • • 052303 • I • SECTION 6- PAYMENTS TO BLACK & VEATCH • 6.1 Compensation 6.1.1 Final Design Phase Services • For the Scope of Services during the Final Design Phase described herein, CITY OF FAYE It LVILLE shall pay BLACK & VEATCH the lump sum amount of Two Million Two Hundred Twenty Three Thousand Nine Hundred United States Dollars (US $2,223,900.00). 6.1.1.1 Subject to the City Council approval, adjustment of the lump sum amount may be made should BLACK & VEATCH establish and CITY OF FAYETTEVILLE agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed; or if CITY OF FAYETTEVILLE decides to shorten the duration of • work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, • • fees, or delivery schedule. 6.1.1.2 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for • Design services consistent with BLACK & VEATCH's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by BLACK & VEATCH and approved by CITY OF FAYETTEVILLE. • Applications for payment shall be accompanied each month by the updated project design schedule as the basis for determining the value earned as the work is accomplished. Final payment for Design services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the Design phase for the Project. • 6.1.2 Bidding Phase Services For the Scope of Services during the Bidding Phase described herein, CITY OF FAYETTEVILLE shall • pay BLACK & VEATCH the lump sum amount of One Hundred Thirty Nine Thousand Three Hundred • United States Dollars (US $139,300.00). Professional Services-Designer-Rev4.doc • Cygnet: 90104 052303 • 6.1.2.1 Subject to prior City Council approval, adjustment of the lump sum amount may be made • should BLACK & VEATCH establish and CITY OF FAYETTEVILLE agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed; or if CITY OF FAYETTEVILLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. • 6.1.2.2 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for Bidding Phase services consistent with BLACK & VEATCH's normal billing schedule. • Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by BLACK & VEATCH and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated bidding • services schedule as the basis for determining the value earned as the work is accomplished. Final payment for Bidding Phase services shall be made upon CITY OF FAYEIIEVILLE's approval and acceptance with the satisfactory completion of the Bidding Phase for the Project. • 6.1.3 Construction Phase Services This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Design Phase Services. 6.1.4 Post -Construction Phase Services This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Design Phase Services. 6.1.5 Resident Services During Construction • This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Design Phase Services. • • Professional Services-Designer-Rev4.doc 052303 Cygnet: 90104 • 1• • 6.1.6 Additional Services For authorized Additional engineering services under Section 3, "Additional Services", compensation to BLACK & VEATCH shall be negotiated at the time Additional services are authorized. 6.2 Statements Statements and updated progress schedule for each calendar month will be submitted in electronic format simultaneously to CITY OF FAYETTEVILLE and Program Manager, followed by signed original document to CITY OF FAYETTEVILLE. Statements will be based on BLACK & VEATCH's estimated percent of services completed at the end of the preceding month, and justified by the updated progress schedule. Program Manager shall review the statement and forward them to CITY OF FAYETTEVILLE with his recommendations. 6.3 Payments All statements are payable upon receipt and due within thirty (30) days. If a portion of BLACK & VEATCH's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise BLACK & VEATCH in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 6.4 Final Payment Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, BLACK & VEATCH shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by BLACK & VEATCH to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against BLACK & VEATCH or his sureties under this Agreement or applicable performance and payment bonds, if any. Professional Services-Designer-Rev4.doc Cygnet: 90104 052303 •I incorporated into all Construction Contracts entered into by CITY OF FAYETTEVILLE, and • all construction Contractors shall be required to provide waivers of subrogation in favor of • CITY OF FAYETTEVILLE, BURNS & McDONNELL and BLACK & VEATCH for damage or liability covered by any construction Contractor's policy of insurance. 7.2 Professional Responsibility • 7.2.1 BLACK & VEATCH will exercise reasonable skill, care, and diligence in the performance of BLACK & VEATCH's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will • promptly report to BLACK & VEATCH any defects or suspected defects in BLACK & VEATCH's services of which CITY OF FAYETTEVILLE becomes aware, so that BLACK & VEATCH can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE and BLACK & VEATCH further agree to impose a similar notification • requirement on all construction contractors in the Bid Documents and shall require all subcontracts at any level to contain a like requirement. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of BLACK & VEATCH. 7.2.2 In addition BLACK & VEATCH will be responsible to CITY OF FAYETTEVILLE for damages caused by its negligent conduct during its activities at the Project Site to the extent covered by BLACK & VEATCH's Commercial General Liability and Automobile Liability Insurance policies as specified in Paragraph 7.1.1. 7.3 Cost Opinions and Projections Cost opinions and projections prepared by BLACK & VEATCH relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on BLACK & VEATCH's experience, qualifications, and judgment as a design professional. Since BLACK & VEATCH has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, BLACK & VEATCH does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by BLACK & VEATCH. Professional Services-Designer-Rev4.doc 052303 Cygnet: 90104 • • Changes CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of BLACK & VEATCH's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the President or any Vice President of BLACK & VEATCH. 7.5 Termination 7.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 7.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, • • 7.5.1.2 An opportunity for consultation with the terminating party prior to termination. • 7.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that BLACK & VEATCH is given: 7.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.5.2.2 An opportunity for consultation with the terminating party prior to termination. • 7.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 7.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 7.5.3.2 Any payment due to BLACK & VEATCH at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of BLACK & VEATCH's default. Professional Services-Designer-Rev4.doc Cygnet: 90104 052303 I 7.5.4 If termination for default is effected by BLACK & VEATCH, or if termination for • convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shalt include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to BLACK & VEATCH for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by BLACK & VEATCH relating to commitments which had become firm prior to the termination. 7.5.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 above, BLACK & VEATCH shall: • 7.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 7.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, � specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by BLACK & VEATCH in performing this Agreement, whether completed or in process. •7.5.6 Upon termination under Paragraphs 7.5.1 or 7.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 7.5.7 If, after termination for failure of BLACK & VEATCH to fulfill contractual obligations, it is determined that BLACK & VEATCH had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 7.5.4 of this clause. 7.6 Delays In the event the services of BLACK & VEATCH are suspended or delayed by CITY OF • FAYETTEVILLE or by other events beyond BLACK & VEATCH's reasonable control, BLACK & VEATCH shall be entitled to additional compensation and time for reasonable costs incurred by BLACK & VEATCH in temporarily closing down or delaying the Project. • Professional Services-Designer-Rev4.doc 052303 Cygnet: 90104 1•• FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 7.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to BLACK & VEATCH for services rendered by BLACK & VEATCH. 7.10 Publications Recognizing the importance of professional development on the part of BLACK & VEATCH's employees and the importance of BLACK & VEATCH's public relations, BLACK & VEATCH may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to BLACK & VEATCH's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to BLACK & VEATCH. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of BLACK & VEATCH's activities pertaining to any such publication shall be for BLACK & VEATCH's account. 7.11 Indemnification 7.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE, BURNS & McDONNELL, and BLACK & VEATCH from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 7.12 Computer Models BLACK & VEATCH may use or modify BLACK & VEATCH's proprietary computer models in service of CITY OF FAYETTEVILLE under this Agreement, or BLACK & VEATCH may develop computer models during BLACK & VEATCH's service to CITY OF FAYETTEVILLE under this Agreement. Such use, modification, or development by BLACK & VEATCH does not constitute a license to CITY OF FAYETTEVILLE to use or modify BLACK & VEATCH's computer models. Said proprietary computer models shall remain the sole property of the BLACK & VEATCH. CITY OF Professional Services-Designer-Rev4.doc Cygnet: 90104 052303 I FAYETTEVILLE and BLACK & VEATCH will enter into a separate license agreement if CITY OF • FAYETTEVILLE wishes to use BLACK & VEATCH's computer models. • 7.13 Ownership of Documents All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD • drawings and cross sections, estimates, specification field notes, and data are and remain the property of CITY OF FAYETTEVILLE. BLACK & VEATCH may retain reproduced copies of drawings and copies of other documents. Engineering documents, drawings, and specifications prepared by BLACK & VEATCH as part of the • Services shall become the property of CITY OF FAYETTEVILLE when BLACK & VEATCH has been compensated for all Services rendered, provided, however, that BLACK & VEATCH shall have the unrestricted right to their use. BLACK & VEATCH shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of BLACK & VEATCH. • • Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. BLACK & VEATCH makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 7.14 Notices Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: 113 West Fayetteville • Fayetteville, Arkansas 72701 Attn: Mr. Greg Boettcher, P.E., Public Works Director BLACK & VEATCH's address: 8400 Ward Parkway • • Kansas City, Missouri64114 Attn: Mr. Steven D. Phillips, Vice President Professional Services-Designer-Rev4.doc 052303 Cygnet: 90104 • I• • I• I. I• [] ASWCC's address: Project No. CS -050803-03 Arkansas Soil and Water Conservation Commission 101 E. Capitol, Suite 350 Little Rock, Arkansas 72201 7.15 Successor and Assigns CITY OF FAYETTEVILLE and BLACK & VEATCH each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor BLACK & VEATCH shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 7.16 Controlling Law This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 7.17 Entire Agreement This Agreement represents the entire Agreement between BLACK & VEATCH and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by BLACK & VEATCH, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 8- SPECIAL CONDITIONS 8.1 Additional Responsibilities of BLACK & VEATCH: 8.1.1 CITY OF FAYETTEVILLE's or Arkansas Soil and Water Conservation Commission's (ASWCC's) review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve BLACK & VEATCH of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's • nor ASWCC's review, approval or acceptance of, nor payment for any of the services shall be Professional Services-Designer-Rev4.doc 052303 I. Cygnet 90104 construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 8.1.2 BLACK & VEATCH shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by BLACK & VEATCH's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 8.1.3 BLACK & VEATCH's obligations under this clause are in addition to BLACK & I VEATCH's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against BLACK & VEATCH for faulty materials, equipment, or work. • 8.2 Remedies Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and BLACK & VEATCH arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 8.3 Audit: Access to Records 8.3.1 BLACK & VEATCH shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. BLACK & VEATCH shall also maintain the financial information and data used by BLACK & VEATCH in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. The United States Environmental Protection Agency, the Comptroller General of the United States, the United States Department of Labor, CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. BLACK & VEATCH will provide proper facilities for such access and inspection. Professional Services-Designer-Rev4.doc 052303 Cygnet: 90104 • •I I• [] L 8.3.2 Records under Paragraph 8.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 8.3.3 This right of access clause (with respect to financial records) applies to: I• 8.3.3.1 Negotiated prime agreements: I• • • 8.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 8.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 8.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of BLACK & VEATCH; 8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 8.3.3.3.3 If the subagreement is terminated for default or for convenience. 8.4 Covenant Against Contingent Fees BLACK & VEATCH warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by BLACK & VEATCH for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. Professional Services-Designer-Rev4.doc Cygnet 90104 052303 8.5 Gratuities • • 8.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that BLACK & VEATCH or any of BLACK & VEATCH's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, the State or EPA in an attempt to secure an agreement or favorable S treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to BLACK & VEATCH terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 8.5.2 In the event this Agreement is terminated as provided in Paragraph 8.5.1, CITY OF S FAYETTEVILLE may pursue the same remedies against BLACK & VEATCH as it could pursue in the event of a breach of the Agreement by BLACK & VEATCH. As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF • FAYETTEVILLE) which shall be not less than three nor more than ten times the costs BLACK & VEATCH incurs in providing any such gratuities to any such officer or employee. 8.6 Arkansas Freedom of Information Act City contracts and documents, including internal documents and documents of subcontractors and sub - consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, BLACK & VEATCH will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19- 101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.7 Debarment And Suspension I certify that to the best of my knowledge and belief that the company that I represent and its principals: • (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or • voluntarily excluded from covered transactions by any Federal department or agency; Professional Services-Designer-Rev4.doc 052303 Cygnet: 90104 • • (b) Have not within a three year period preceding this proposal been convicted of or had a civil • judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false • statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of • this certification; and (d) Have not within a three-year period preceding this application proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. C • C7 • • • I understand that a false statement on this certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000. DEBARMENT CERTIFICATION AUTHORIZED REPRESENTATIVE COMPANY NAME: BLACK & VEATCH CORPORATION SIGNATURE: DATE: PRINTED NAME: Steven D. Phillips TITLE: Vice President 052303 • Professional Services-Designer-Rev4.doc Cygnet: 90104 1' • • IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and BLACK & VEATCH, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor ATTEST: By: City Clerk BLACK & VEATCH CORPORATION By: Steven D. Phillips Title: Vice President •I • ••I Changes, modifications or amendments in scope, price or fees to this Contract shall not • be allowed without formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Professional Services-Designer-Rev4.doc Cygnet: 90104 • • • • 052303 • • CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX A - SCOPE OF SERVICES FOR FINAL DESIGN PHASE c• This is Appendix A, consisting of 20 pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH CORPORATION dated Initial: CITY OF FAYETTEVILLE BLACK & VEATCH CORPORATION The following contains additional Scope of Services tasks for the Final Design Phase and supplements those services listed in Section 2.2 of the Agreement. Contained in this C appendix are the description of the project, description of services and a project schedule. PART A - DESCRIPTION OF PROJECT This work involves the design of improvements identified in the Preliminary Design Report prepared by BLACK & VEATCH in April, 2001 for the Phase I improvements to the Noland Wastewater Treatment Plant. The Phase I preliminary opinion of probable construction costs presented in that report is $17.1 million. I. Solids Handling Facilities. A. A new two-story sludge dewatering building to house up to three 2m belt filter presses will be provided at Noland WWTP. The dewatering equipment will be located on the second story with a truck drive -through beneath the dewatering equipment for sludge loading. The equipment within the building will include a new conveyance system and dewatered cake loadout facilities will be used to load trucks, a ferric chloride storage and feed system to be used at the belt filter presses for H2S control, and an odor control system for the dewatering building, including cake -loading areas. A procurement contract for the belt filter presses for this project for the BFP's will also include the units for the West Side Plant. II. Wet Weather Flow Handling Facilities. A. Modifying piping to allow the Primary Clarifiers No. 1 and 2 to provide wet weather flow treatment before directing the flow to the Primary Pond for storage. B. Addition of a high pressure washdown system and a liner to the 17 million gallon Primary Pond. City of Fayetteville Mcandd Ada 90104.9402 3/5/03 O II. PROJECT DEVELOPMENT A. PROJECT INITIATION MEETING AND BACKGROUND INFORMATION COLLECTION. Conduct a 2 -day meeting with CITY OF FAYETTEVILLE to clarify understanding of scope and parameters of the project, review and confirm the recommended improvements schematics and site layouts as presented in the Preliminary Design Report still apply or should be modified, and establish tentative dates for subsequent Design Memorandum Phase Workshops. 2. Collect pertinent project data and current NPDES permit conditions from CITY OF FAYETTEVILLE and determine status. Identify State of Arkansas's participation and expectations. Obtain drawings and maps from CITY OF FAYETTEVILLE that will aid in locating utility and pipeline work. Obtain the most recent one year of operating records. a 3. Contact utilities and gather information on the location of their facilities, availability of service for proposed project, and utilities' requirements for connections and interfacing. 4. Identify applicable codes and standards, including fire and safety codes. B. HYDRAULIC ANALYSIS 1. Develop preliminary hydraulic profiles through the proposed new facilities and existing facilities based on the flows established and presented in the Preliminary Design Report. A profile will be performed through the liquid treatment facilities and through the wet weather treatment facilities. C. PROCESS CRITERIA AND EQUIPMENT SELECTION/SIZING I. Develop the process criteria to be used to size all equipment for the new liquid treatment and solids handling processes. Develop process flow diagrams. Select and size equipment based on these criteria. Provide specifications and characteristics for large pumping units for Noland WWTP for advanced purchase by CITY OF FAYETTEVILLE Purchasing Agent. Include in construction project bidding documents the assignment of purchase order to construction contractor(s), instructions for shipping, receipt, unloading, handling, storage, installation, warranty, and startup for pumping units. Provide shop drawing review and approval, plant testing, field acceptance, and manufacturer's field services for pre - purchased pumping units. City ofFayeneviue 90104.9402 3/5/03 4 1• • • M. Modifying the backwash control system and installing a larger diameter flow meter for the 14 inch backwash water return line and rerouting this line to ahead of the new grit removal facilities. N. Providing motorized -operators and a remote control system at the plant control center to operate the 48 inch sluice gate to the White River Parshall Flume and to • the 48 inch sluice gate in the diversion structure to the Secondary Pond. O. Rerouting piping from secondary clarifier scum pumps to pump directly to the sludge and scum holding tank. P. Providing a new gravity belt thickener room in the existing South Operations building to house the existing gravity belt thickener and a new 2m gravity belt • thickener and associated polymer feed system. Odor control will be provided for this room. Q. Adding pumps to convey sludge and scum from the sludge and scum holding tank to the gravity thickeners. R. Adding new pumps to pump from gravity belt thickeners to the thickened sludge holding basin (aerobic digester No. 2). • S. Converting one of the covered aerobic digesters (No. 2) to store aerated, thickened sludge. Odor control will be provided. T. Adding pumps to convey thickened sludge from the thickened sludge holding basin (aerobic Digester No.2) to the solids dewatering building belt filter presses. U. Adding a permanent cover and mixing to the existing sludge and scum holding • • tank to beused for WAS and scrum storage V. New roofs and metal copings for the following existing structures: South Operations Building; Primary Influent Pump Station, Engine -Generator Building; Digested Sludge Pump Station; Blower Building; Effluent Filter Building; Maintenance Building; and Chlorination Building. A concrete deck covering over • the electrical room for the aeration basin complex. W. Demolition and removal of existing vacuators, gravity thickeners, and influent channels between the screen room and Influent Pump Station No. 1. X. Removing dissolved air flotation tanks, existing belt filter press and associated belt conveyor from the South Operations Building. • Y. Replacing pumps at the Effluent Pump Station to use with the Primary Pond high pressure wash down system. Z. A new Stormwater Pump Station located where the existing pump station is located, just east of the South Operations Building. • IV. Improvements Not Included in Phase I. A. Upgrading of the plant instrumentation and control system. B. Expansion of the secondary treatment capacity. C. Enclosure for the UV disinfection process. C] • City of Fayciteville Mv.m Adoc • 90104.9402 3/5/03 PART B - DESCRIPTION OF SERVICES The CITY OF FAYETTEVILLE's direction for the improvements to the Noland Wastewater Treatment Plant is to design, bid, and construct the improvements as three independent construction projects. These construction projects have been defined as: A. Wet Weather Flow Handling Facilities B. Solids Handling Facilities C. Headworks and Other Treatment Plant Improvements Project Development phase and Level 1 design phase will be used to define the criteria for all of the improvements. Level 2 detailed designs will proceed concurrently as three independent construction projects based on the following project milestones. Construction Package Level 1 Complete Level 3 Complete Solids Handling Facilities December 2003 September 2004 Headworks and Other Plant Improvements December 2003 October 2004 Wet Weather Flow Handling Facilities December 2003 July 2004 An abbreviated project schedule is included later in this appendix. The following paragraphs describe work tasks to be completed during each phase of the design. I. PROJECT MANAGEMENT A. PROJECT INITIATION AND ADMINISTRATION. Provide project administration and management of design and bid phases. Set up management system for filing, communications, tracking progress, budgets, and invoicing. B. PROJECT PROCEDURES. Prepare a project procedures manual to be used by CITY OF FAYETTEVILLE and BLACK & VEATCH to cover the project description, project participants and lines of communications and QA/QC standards to be used. C. DESIGN AND DRAFTING STANDARDS AND CRITERIA. CITY OF FAYETTEVILLE has published DESIGN STANDARDS AND CRITERIA consisting of Drafting Standards and Criteria, Mechanical Standards and Criteria, Architectural Standards and Criteria, Security Vulnerability Criteria, Corrosion Criteria, Process Standards and Criteria, Civil Standards and Criteria, Structural Standards and Criteria, and Typical Sheet Details. BLACK & VEATCH agrees to follow these standards unless changes are approved by the CITY OF FAYETTEVILLE during the development of the Basis of Design Memorandum. City ofFayarcvillc Mae nine 90104.9402 3/5/03 ••1 •1 •1 • • • D. SPECIFICATIONS. CITY OF FAYETTEVILLE has requested BLACK & VEATCH to format and assemble the technical specifications in accordance with the MasterFormat and SectionFormat recommended by the Construction Specifications Institute Manual of Practice. BLACK & VEATCH agrees to follow the MasterFormat level one titles and the level two titles based on the BLACK & VEATCH's • experience and standard technical specifications for work of this type. BLACK & VEATCH agrees to follow the SectionFormat defined as Part I GENERAL, Part 2 PRODUCTS and Part 3 EXECUTION. The details within each of the parts will be based on BLACK & VEATCH's experience and standard technical specifications for work of this type. • Specifications will be prepared so as to comply with the Arkansas Soil and Water Conservation Commission (ASWCC) Revolving Loan Fund Program. E. CONSTRUCTION DOCUMENTS. Prepare construction documents based on the BLACK & VEATCH's experience for selection of private construction contractors on • a competitive bid basis. F. PROJECT MONITORING. Conduct regular budget, schedule, and invoice review for progress and invoice accuracy. •. G. PROGRESS MEETINGS. Attend monthly progress meetings in Fayetteville with CITY OF FAYETTEVILLE, Program Manager and other consultants, as appropriate, throughout the project development and design phase. A total of 24 meetings are anticipated. H. PUBLIC MEETINGS. Attend up to 4 City Council meetings in Fayetteville I. SUBCONTRACTOR COORDINATION. Coordinate efforts of BLACK & VEATCH's subcontractors working on the project. J. CONSTRUCTION PERMITS. Collect information and prepare and submit applications for CITY OF FAYETTEVILLE payment. K. PROJECT PERFORMANCE WORK PLAN: Complete project performance work plan checklist (RLF-141 R-09/02) and submit to CITY OF FAYETTEVILLE. City of Fayettevilic 90104.9402 3/5/03 Ft. = •I II. PROJECT DEVELOPMENT A. PROJECT INITIATION MEETING AND BACKGROUND INFORMATION COLLECTION. I. Conduct a 2 -day meeting with CITY OF FAYETTEVILLE to clarify understanding of scope and parameters of the project, review and confirm the recommended improvements schematics and site layouts as presented in the Preliminary Design Report still apply or should be modified, and establish tentative dates for subsequent Design Memorandum Phase Workshops. 2. Collect pertinent project data and current NPDES permit conditions from CITY OF FAYETTEVILLE and determine status. Identify State of Arkansas's participation and expectations. Obtain drawings and maps from CITY OF FAYETTEVILLE that will aid in locating utility and pipeline work. Obtain the most recent one year of operating records. 3. Contact utilities and gather information on the location of their facilities, availability of service for proposed project, and utilities' requirements for connections and interfacing. 4. Identify applicable codes and standards, including fire and safety codes. B. HYDRAULIC ANALYSIS 1. Develop preliminary hydraulic profiles through the proposed new facilities and existing facilities based on the flows established and presented in the Preliminary Design Report. A profile will be performed through the liquid treatment facilities and through the wet weather treatment facilities. C. PROCESS CRITERIA AND EQUIPMENT SELECTION/SIZING Develop the process criteria to be used to size all equipment for the new liquid treatment and solids handling processes. Develop process flow diagrams. Select and size equipment based on these criteria. Provide specifications and characteristics for large pumping units for Noland WWTP for advanced purchase by CITY OF FAYETTEVILLE Purchasing Agent. Include in construction project bidding documents the assignment of purchase order to construction contractor(s), instructions for shipping, receipt, unloading, handling, storage, installation, warranty, and startup for pumping units. Provide shop drawing review and approval, plant testing, field acceptance, and manufacturer's field services for pre - purchased pumping units. City of Fayetteville Appendix &doe 90104.9402 3/5/03 • •I •I Si Si • •I •1 •I I• I' I• I• I• I•• 2. Coordinate the selection of the sludge thickening, dewatering, and dewatered sludge handling equipment for the Noland WWTP and West WWTP. It is anticipated that two presses will be provided at each plant. Prepare procurement documents and specifications for belt filter presses for the West Side WWTP and the Noland WWTP for advanced purchase by CITY OF FAYETTEVILLE Purchasing Agent. Include in construction project bidding documents the assignment of purchase order to construction contractor(s), instructions for shipping, receipt, unloading, handling, storage, installation, warranty, and startup for belt filter presses. Provide shop drawing review and approval, plant testing, field acceptance, and manufacturer's field services for pre -purchased belt filter presses. D. PRELIMINARY SITE PLAN AND LAYOUTS 1. Locate new facilities on site plan and confirm with CITY OF FAYETTEVILLE that locations are acceptable. Facilities will be located to facilitate operations, avoid existing facilities, and avoid areas anticipated to be used for future plant expansion facilities. Obtain from CITY OF FAYETTEVILLE and review available topographic, property, utility maps, subsurface records and geotechnical investigations for the sites. Develop a preliminary site plan. 2. Develop preliminary building layouts for the recommended improvements. Identify, size and locate major equipment, piping routes and, if required, chemical feed points. E. ARCHITECTURAL, CIVIL, STRUCTURAL, MECHANICAL, ELECTRICAL CRITERIA 1. Develop architectural, civil, structural, building and process mechanical, and electrical design criteria for site lighting, structures, process systems, and power feed. Also develop plumbing, Instrumentation and Control, HVAC design criteria, odor control, and fire protection criteria associated with the facilities. F. ODOR CONTROL ASSESSMENT I. Conduct detailed site investigation to characterize the odors that will be released from the raw waste water and solids to be dewatered. 2. Evaluate vapor phase odor control technologies and determine the most effective method for removing the vapor phase odors considering site conditions, construction costs, reliability, safety, and annual operating and maintenance costs. City of Feyeavville 90104.9402 3/5/03 •1 3. Coordinate with McGoodwin, Williams and Yates the odor control measures to be installed at the West Side plant and the Noland Facility and reach agreement in advance on the selection of systems at each facility. Type of system may differ at each plant, but consensus will be reached and justification presented. G. BASIS OF DESIGN MEMORANDUM and PRELIMINARY COST OPINION 1. Prepare an initial Basis of Design Memorandum and preliminary drawings as required to establish agreement on scope, parameters, performance requirements, and project approach. Submit five copies to CITY OF FAYETTEVILLE for review. 2. Prepare initial opinion of probable construction cost based on updating the information in the Preliminary Design Report. Submit five copies to CITY OF FAYETTEVILLE for review. H. REVIEW WORKSHOP 1. Conduct a 2 -day workshop with CITY OF FAYETTEVILLE to review and discuss initial Basis of Design Memorandum. I. QUALITY CONTROL REVIEW 1. Perform an internal quality control review of the initial Basis of Design Memorandum. J. FINALIZE DESIGN MEMORANDUM 1. Incorporate review comments from the CITY OF FAYETTEVILLE and internal quality control into the final Basis of Design Memorandum. 2. Provide five copies of initial Basis of Design Memorandum to CITY OF FAYETTEVILLE K. VALUE ENGINEERING SUPPORT 1. Prepare for and attend a one -day meeting with CITY OF FAYETTEVILLE and an independent consultant who will conduct a value engineering evaluation (VE) of the Basis of Design Memorandum. BLACK & VEATCH will present information provided in the Basis of Design Memorandum to the VE consultant and CITY OF FAYETTEVILLE. Provide 10 copies of the Basis of Design Memorandum for CITY OF FAYETTEVILLE and VE consultant to use in VE evaluation. 2. Attend a one -day meeting with CITY OF FAYETTEVILLE and VE Consultant to receive VE review comments and VE report. City of Fayetteville Appendix Aex 90104.9402 3/5/03 •1 •I •I 7 ••I •I •I I• • • 3. Assist to CITY OF FAYETTEVILLE in preparing responses to items presented in the VE report. Attend a one -day meeting to review responses with CITY OF FAYETTEVILLE and VE consultant. I4. The level of effort anticipated is 180 hours. Any additional effort will be • considered Additional Services. L. FINAL BASIS OF DESIGN MEMORANDUM 1. Incorporate the VE comments accepted by the CITY OF FAYETTEVILLE into the final Basis of Design Memorandum. The version of the Basis of Design • Memorandum will be used as the starting point for the Detailed Design. 2. Provide five copies of final Basis of Design Memorandum to CITY OF FAYETTEVILLE. • M. Coordinate with Burns & McDonnell and Garver Engineers to develop a cut -over and start up plan to bring East Side Collection System improvements into new Noland Headworks facilities. N. Furnish to Bums & McDonnell a list of eligible tax exempt equipment for each • • Noland WWTP project for certification as described in ASWCC RLF-53 (R-7/01). Ill DETAILED DESIGN Detailed design will proceed based on a single bidding package through Level I reviews • by CITY OF FAYETTEVILLE and value engineering evaluation. Level 2 design will proceed based on the three construction packages. III —1 Solids Handling Facilities I. LEVEL 1 (30%) A. DRAWINGS 1. Prepare drawings (sketches) for the proposed construction work and for the • materials and equipment required, including: preliminary civil building plans and sections, major process equipment and piping layouts, process schematics, and site plan; preliminary architectural floor and roof plans; preliminary structural framing plans; preliminary mechanical HVAC and plumbing plans; and, preliminary electrical power distribution diagrams and P&IDs. • • City of Fayetteville • Apoar 90104.9402 m Aaoc 3/5/03 • • B. SPECIFICATIONS 1. Prepare preliminary table of contents, draft front-end documents, and sample technical specification based on CITY OF FAYETTEVILLE's standard front-end documents and BLACK & VEATCH's standard technical specifications. • 2. Prepare draft procurement documents for BFP's. C. SITE SURVEY 1. Provide, through a subcontract, the necessary field design surveys for the preparation of construction drawings and specifications. Surveys will determine site topography, contours, identify most recent FEMA flood elevations, and insofar as possible, utility locations. D. GEOTECHNICAL SERVICES • 1. Provide, through a subcontract, geotechnical engineering services including exploratory work, laboratory and field testing, and professional guidance in tests to be made at test locations based on preliminary drawings and designs and • including professional interpretations of exploratory and test data. The services • will include: a. Initial geotechnical exploratory work, such as soil borings, penetration tests, soundings, subsurface explorations, laboratory tests of soils, rock formations, and other geophysical phenomena which are required to provide information • for design, and other field and laboratory tests and analyses which are required to provide design information. b. An initial geotechnical report by a qualified geologist or geotechnical firm interpreting the data on the exploratory work and testing and setting out the � site conditions that can be anticipated from this initial exploratory work. E. UPDATE COST OPINIONS 1. Update opinion of probable construction cost. Submit five copies along with final • review documents to CITY OF FAYETTEVILLE, F. CITY OF FAYETTEVILLE REVIEW WORKSHOP 1. Provide five sets of drawings and front-end documents completed to CITY OF • FAYETTEVILLE for review. Attend one meeting with CITY OF • FAYETTEVILLE to receive and discuss CITY OF FAYETTEVILLE's review comments. City of Fayetteville Appendix 90104.9402 • 3/5/03 C 1.• G. VALUE ENGINEERING SUPPORT 1. Prepare for and attend a one -day meeting with CITY OF FAYETTEVILLE and an independent consultant who will conduct a VE evaluation of the Level 1 Detailed • Design work. BLACK & VEATCH will present the drawings and layouts of the proposed facilities and improvements to the VE consultant and CITY OF FAYETTEVILLE. Provide 10 copies of drawings, specifications, and design memorandum for CITY OF FAYETTEVILLE and VE consultant to use in VE evaluation. • 2. Attend a one -day meeting with CITY OF FAYETTEVILLE and VE Consultant to receive VE review comments and VE report. 3. Assist CITY OF FAYETTEVILLE in preparing responses to items presented in the VE report. Attend a one -day meeting to review responses with CITY OF • FAYETTEVILLE and VE consultant. 4. The level of effort anticipated for VE support is 360 hours. Any additional effort will be considered Additional Services. I• • LEVEL 2 (60%) Level 2 design will proceed following resolution of the VE comments by CITY OF FAYETTEVILLE. I• A. DRAWINGS 1. Prepare CAD drawings or sketches for the proposed construction work and for the materials and equipment required, including: civil building plans and sections, hydraulic profile, and site plan; architectural plans, sections, and elevations; structural plans and sections; mechanical HVAC, plumbing, and fire protection plans; and, electrical major equipment layouts, interior lighting plans, P&IDs and control system block diagrams. I. B. SPECIFICATIONS 1. Update table of contents and front end documents. Provide draft technical specifications including major equipment specifications. I• City of Fayetteville • 90104.9402 Mpa7u AOoc 3/5/03 •I • C. GEOTECHNICAL SERVICES •I 1. After detailed design has proceeded to the point where it can be accomplished, provide, through a subcontract, a final geotechnical report evaluating the initial geotechnical investigation, field and laboratory test results, and the initial • geotechnical report. The final evaluation shall be based on the actual design, including sizes, locations, and loading of structures; types, extent, and procedures of excavations; and shall consider both design parameters and constructability. The final report shall indicate the anticipated performance of the subsurface material to be encountered on the project under the loading conditions, use, and types of excavations anticipated. D. UPDATE COST OPINIONS 1. Update opinion of probable construction costs. Submit five copies along with final review documents to CITY OF FAYETTEVILLE. E. REVIEW WORKSHOP 1. Provide five sets of construction drawings, front end documents and technical specifications to CITY OF FAYETTEVILLE for review. Attend one meeting • • with CITY OF FAYETTEVILLE to receive and discuss CITY OF FAYETTEVILLE's review comments. LEVEL 3 (90%) • 1. Prepare final review set of drawings for the proposed construction work including: all civil plans, sections, schematics and details; all architectural plans, sections, elevations and details; all structural plans, sections and details; all mechanical HVAC, plumbing, and fire protection drawings; and, all electrical plans, sections, schematics, schedules, details and P&IDs. B. SPECIFICATIONS • 1. Prepare final review set of front end documents and technical specifications for proposed construction work. •1 City of Fayetteville AppenftAdoo 90104.9402 • 3/5/03 L 1• aJ I• I• 1• I• C. UPDATE COST OPINIONS 1. Prepare final opinion of probable construction cost. Submit five copies along with final review documents to CITY OF FAYETTEVILLE. D. REVIEW WORKSHOP 1. Provide five sets of final review drawings, front-end documents, and technical specifications to CITY OF FAYETTEVILLE for review. Attend one meeting with CITY OF FAYETTEVILLE to receive and discuss CITY OF FAYETTEVILLE's comments. E. GOVERNMENTAL AGENCY/ADEQ REVIEW After incorporation of CITY OF FAYETTEVILLE's comments, submit the three copies of final review drawings, front-end documents and technical specifications to the Arkansas Department of Environmental Quality and the Arkansas Department of Health for review. Attend one meeting in Fayetteville, Arkansas or Little Rock, Arkansas to discuss the final review documents with regulatory agency officials, if required. F. QUALITY CONTROL REVIEW 1. Perform an internal quality control review of construction drawings, front-end documents and technical specifications. Review the contract documents for completeness, bidability, and constructability. FINAL BIDDING DOCUMENTS (100%) 1. Incorporate review comments from the CITY OF FAYETTEVILLE, internal quality control, and the Arkansas Department of Environmental Quality and Arkansas Department of Health into the final drawings, front-end documents and specifications. Submit five copies of bidding documents to CITY OF FAYETTEVILLE. 2. Finalize and bid BFP procurement documents. Review working drawings submitted by the vendor. City of Fayenevillc A • 90104.9402 pp.mweoc 3/3/03 III —2 Headworks and Other Plant Improvements LEVEL 1 (30%) A. DRAWINGS 1. Prepare drawings (sketches) for the proposed construction work and for the materials and equipment required, including: preliminary civil building plans and sections, major process equipment and piping layouts, process schematics, and site plan; preliminary architectural floor and roof plans; preliminary structural framing plans; preliminary mechanical HVAC and plumbing plans; and, preliminary electrical power distribution diagrams and P&IDs. B. SPECIFICATIONS 1. Prepare preliminary table of contents, draft front-end documents, and sample technical specification based on CITY OF FAYETTEVILLE's standard front-end documents and BLACK & VEATCH's standard technical specifications. C. SITE SURVEY Provide, through a subcontract, the necessary field design surveys for the preparation of construction drawings and specifications. Surveys will determine site topography, contours, identify most recent FEMA flood elevations, and insofar as possible, utility locations. D. GEOTECHNICAL SERVICES Provide, through a subcontract, geotechnical engineering services including exploratory work, laboratory and field testing, and professional guidance in tests to be made at test locations based on preliminary drawings and designs and including professional interpretations of exploratory and test data. The services will include: a. Initial geotechnical exploratory work, such as soil borings, penetration tests, soundings, subsurface explorations, laboratory tests of soils, rock formations, and other geophysical phenomena which are required to provide information for design, and other field and laboratory tests and analyses which are required to provide design information. b. An initial geotechnical report by a qualified geologist or geotechnical firm interpreting the data on the exploratory work and testing and setting out the site conditions that can be anticipated from this initial exploratory work. City of Fayetteville 90104.9402 3/5/03 • • E. UPDATE COST OPINIONS 1. Update opinion of probable construction cost. Submit five copies along with final review documents to CITY OF FAYETTEVILLE. F. CITY OF FAYETTEVILLE REVIEW WORKSHOP 1. Provide five sets of drawings and front-end documents to CITY OF FAYETTEVILLE for review. Attend one meeting with CITY OF FAYETTEVILLE to receive and discuss CITY OF FAYETTEVILLE's review comments. G. VALUE ENGINEERING SUPPORT 1. Included as a part of III - 1 Solids Handling Facilities LEVEL 2 (60%) Level 2 design will proceed following resolution of VE comments by CITY OF FAYETTEVILLE. A. DRAWINGS Prepare drawings (CAD and sketches) for the proposed construction work and for the materials and equipment required, including: civil building plans and sections, hydraulic profile, and site plan; architectural plans, sections, and elevations; structural plans and sections; mechanical HVAC, plumbing, and fire protection plans; and, electrical major equipment layouts, interior lighting plans, P&IDs and control system block diagrams. B. SPECIFICATIONS 1. Update table of contents and front end documents. Provide draft technical specifications including major equipment specifications. C. GEOTECHNICAL SERVICES 1. After detailed design has proceeded to the point where it can be accomplished, provide, through a subcontract, a final geotechnical report evaluating the initial geotechnical investigation, field and laboratory test results, and the initial geotechnical report. The final evaluation shall be based on the actual design, including sizes, locations, and loading of structures; types, extent, and procedures of excavations; and shall consider both design parameters and constructability. City of Fayweville 90104.9402 3/5/03 R.TAW . R.^.1 • The final report shall indicate the anticipated performance of the subsurface material to be encountered on the project under the loading conditions, use, and types of excavations anticipated. D. UPDATE COST OPINIONS 1. Update opinion of probable construction cost. Submit five copies along with final review documents to CITY OF FAYETTEVILLE. E. REVIEW WORKSHOP 1. Provide five sets of drawings and major equipment specifications and updated opinion of probable construction cost completed to CITY OF FAYETTEVILLE for review. Attend one meeting with CITY OF FAYETTEVILLE to receive and discuss CITY OF FAYETTEVILLE's review comments. LEVEL 3 (90%) A. DRAWINGS 1. Prepare final review set of construction drawings (CAD) for the proposed construction work including: all civil plans, sections, schematics and details; all architectural plans, sections, elevations and details; all structural plans, sections and details; all mechanical HVAC, plumbing, and fire protection drawings; and, all electrical plans, sections, schematics, schedules, details and P&IDs. B. SPECIFICATIONS 1. Prepare final review set of front end documents and technical specifications for proposed construction work and for the materials and equipment required. C. UPDATE COST OPINIONS 1. Prepare final opinion of probable construction cost. Submit five copies along with final review documents to CITY OF FAYETTEVILLE. D. REVIEW WORKSHOP 1. Provide five sets of construction drawings, front-end documents, and technical specifications to CITY OF FAYETTEVILLE for review. Attend one meeting with CITY OF FAYETTEVILLE to receive and discuss CITY OF FAYETTEVILLE's comments. City of Fayetteville 90104.9402 3/5/03 Appendix aeoc L� Ll S • • • 0 I• • • E. GOVERNMENTAL AGENCY/ADEQ REVIEW 1. After incorporation of CITY OF FAYETTEVILLE's review comments, submit the three copies of final review drawings, front-end documents and technical specifications to the Arkansas Department of Environmental Quality for review. • Attend one meeting in Fayetteville, Arkansas or Little Rock, Arkansas to discuss the final review documents with regulatory agency officials, if required. F. QUALITY CONTROL REVIEW 1. Perform an internal quality control review of the review drawings, front-end documents and specifications. Review the contract documents for completeness, bidability, and constructability. FINAL BIDDING DOCUMENTS (100%) • 1. Incorporate review comments from the CITY OF FAYETTEVILLE, internal quality control, and the Arkansas Department of Environmental Quality and Arkansas Department of Health into the drawings, front-end documents and specifications. Submit five copies of bidding documents to CITY OF • FAYETTEVILLE. (100%) • III —3 Wet Weather Flow Facilities LEVEL 1 (30%) I• A. DRAWINGS 1. Prepare drawings (sketches) for the proposed construction work and for the materials and equipment required. I• B. SPECIFICATIONS 1. Prepare preliminary table of contents, draft front-end documents, and sample technical specification based on CITY OF FAYETTEVILLE's standard front-end • documents and BLACK & VEATCH's standard technical specifications. C. SITE SURVEY 1. Provide, through a subcontract, the necessary field design surveys for the • preparation of construction drawings and specifications. Surveys will determine • site topography, contours, identify most recent FEMA flood elevations, and insofar as possible, utility locations. City of Fayetteville • 90104.9402 wine 3/3/03 El LJ B. SPECIFICATIONS 1. Prepare final review set of front end documents and technical specifications for proposed construction work and for the materials and equipment required C. UPDATE COST OPINIONS 1. Prepare final opinion of probable construction cost. Submit five copies along with final review documents to CITY OF FAYETTEVILLE. D. REVIEW WORKSHOP 1. Provide five sets of construction drawings, front-end documents, and technical specifications to CITY OF FAYETTEVILLE for review. Attend one meeting with CITY OF FAYETTEVILLE to receive and discuss CITY OF FAYETTEVILLE's final review comments. E. GOVERNMENTAL AGENCY/ADEQ REVIEW 1. After incorporation of CITY OF FAYETTEVILLE's review comments, submit three copies of the construction drawings, front-end documents and specifications to the Arkansas Department of Environmental Quality and Arkansas Department of Health for review. Attend one meeting in Fayetteville, Arkansas or Little Rock, Arkansas to discuss the final review documents with regulatory agency officials, if required. F. QUALITY CONTROL REVIEW 1. Perform an internal quality control review of the construction drawings, front-end documents and technical specifications. Review the contract documents for completeness, bidability, and constructability. FINAL DOCUMENTS (100%) 1. Incorporate review comments from CITY OF FAYETTEVILLE, internal quality control, and the Arkansas Department of Environmental Quality into the final construction drawings, front-end documents and specifications. Submit five copies of bidding documents to CITY OF FAYETTEVILLE City of Fayetteville Apponap Ad= 90104.9402 3/5/03 •I •I •I [I ••I • CITY OF FAYETTEVILLE • AGREEMENT FOR ENGINEERING SERVICES • APPENDIX B - SCOPE OF SERVICES FOR. BIDDING OR NEGOTIATION PHASE This is Appendix B, consisting of 1 page, referred to in and part of the Agreement For • Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH CORPORATION dated Initial: CITY OF FAYETTEVILLE BLACK & VEACH CORPORATION • The following contains additional Scope of Services for the Bidding or Negotiation Phase and supplements those services listed in Section 2.3 of the Agreement. • 1. Provide a sufficient number of sets of construction contract documents for bidding purposes, and distribute the contract documents to prospective bidders. 2. Distribute plan holders list of recipients of contract documents prior to bid opening. • • 3. Distribute bidding documents and collect a non-refundable fee in an amount to be determined to offset printing costs. 4. Interpret construction contract documents. Prepare and issue addenda to the • construction contract documents when required. 5. Assess and evaluate bids received and recommend award of bid for each of the three construction packages. City of Fayetteville Appendix B 90104.9402 3/5/03 1•• CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX C - SCOPE OF SERVICES FOR CONSTRUCTION PHASE This is Appendix C, consisting of! page, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH CORPORATION dated Initial: CITY OF FAYETTEVILLE BLACK & VEATCH CORPORATION The following contains additional Scope of Services for the Construction Phase and supplements those services listed in Section 2.4 of the Agreement. 2.4.18 Make periodic visits to the construction site to observe progress of the work, and consult with the CITY OF FAYETTEVILLE and the Contractor concerning problems and progress of the work. A total of 24 visits are anticipated. 2.4.19 Receive and review guarantees; bonds, and certificates of inspection, and tests, and approvals which are to be assembled by the Contractor in accordance with the construction contract documents and transmit them to CITY OF FAYETTEVILLE. 2.4.20 Act on claims of CITY OF FAYETTEVILLE and the Contractor relating to the acceptability of the work or the interpretation of the requirements of the construction contract documents. 2.4.21 Analyze data from performance testing of equipment by the Contractor or supplier when the construction contract documents require the equipment to be tested after installation. Submit conclusions to CITY OF FAYETTEVILLE. 2.4.22 Collect and organize 2 sets of operation and maintenance data provided by the Contractor. Each set will be placed in separate binders, the binders indexed, and a table of contents provided. Binders will be submitted to CITY OF FAYETTEVILLE. 2.4.23 Project design team personnel with areas of responsibilities including project management, structural, process mechanical, HVAC, electrical, control and instrumentation, geotechnical, and architectural will make periodic site visits. It is anticipated that 12 separate onsite visits by BLACK & VEATCH's project personnel will be required. The level of effort is anticipated to require 16 person hours per trip. A written report summarizing discussions, site observations, and periodically established objectives shall be provided to CITY OF FAYETTEVILLE for distribution. City of Fayetteville Appendix C 90104.9402 3/05/03 • CITY OF FAYETTEVILLE • AGREEMENT FOR ENGINEERING SERVICES APPENDIX D - SCOPE OF SERVICES FOR POST -CONSTRUCTION PHASE This is Appendix D, consisting of 1 page, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH CORPORATION dated Initial: CITY OF FAYETTEVILLE BLACK & VEATCH CORPORATION • The following contains additional Scope of Services for the Post -Construction Phase and supplements those services listed in Section 2.5 of the Agreement. No additional services are included. City of Fayetteville Appendix D 90! 04.9402 3/5/03 • • 40 • • CITY OF FAYETTEVILLE • AGREEMENT FOR ENGINEERING SERVICES APPENDIX E - SCOPE OF SERVICES FOR RESIDENT SERVICES DURING CONSTRUCTION PHASE • This is Appendix E, consisting of 5 pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH CORPORATION dated Initial: CITY OF FAYETTEVILLE • BLACK & VEATCH CORPORATION The following is the Scope of Services for the Resident Services During Construction referred to in Section 3.2 of the Agreement. • BLACK & VEATCH will furnish a full time Resident Project Representative and such assistant Resident Project Representatives as may be required on the work. The Resident Project Representative and assistants will observe the Contractor's work and perform the services listed below. The Resident Project Representative shall not have responsibility • • for the superintendence of construction site conditions, safety, safe practices or unsafe practices or conditions, operation, equipment, or personnel other than employees of the BLACK & VEATCH. This service will in no way relieve the Contractor of completion supervision and inspection of the work or the Contractor's obligation for complete compliance with the drawings and specifications. The Contractor shall have sole • responsibility for safety and for maintaining safe practices and avoiding unsafe practices or conditions. Specific services performed by the Resident Project Representative and assistants are as follows: A. Site Observations and Liaison with CITY OF FAYETTEVILLE and Contractor(s) • 1. Conduct onsite observations of the general progress of the work to assist BLACK & VEATCH in determining if the work is proceeding in accordance with the construction contract documents. 2. Serve as BLACK & VEATCH's liaison with the Contractor, working • principally through the Contractor's superintendent, and assist BLACK & VEATCH in providing interpretation of the construction contract documents. Transmit BLACK & VEATCH's clarifications and interpretations of the construction contract documents to the Contractor. • 3. Assist BLACK & VEATCH in serving as CITY OF FAYETTEVILLE's • liaison with the Contractor when the Contractor's operations affect CITY OF FAYETTEVILLE's onsite operation. City of Fayeaeville Appendix E 90104.9402 • 315M t 4. As requested by BLACK & VEATCH, assist in obtaining from CITY OF FAYETTEVILLE's additional details or information when required at the jobsite for proper execution of the work. Report to BLACK & VEATCH, giving opinions and suggestions based on the Resident Project Representative's observations regarding defects or deficiencies in the Contractor's work and relating to compliance with drawings, speci- fications, and design concepts. 6. Advise BLACK & VEATCH and the Contractor or its superintendent immediately of the commencement of any work requiring a shop drawing or sample submission if the submission has not been accepted by BLACK & VEATCH. 7. Monitor changes of apparent integrity of the site (such as differing subsurface and physical conditions, existing structures, and site -related utilities when such utilities are exposed) resulting from construction -related activities. 8. Observe pertinent site conditions when the Contractor maintains that differing subsurface and physical conditions have been encountered, and document actual site conditions. Review and analysis of the Contractor's claims for differing subsurface and physical conditions are supplemental services. 9. Review the Contractors' construction sequence and traffic control plans for all construction work undertaken simultaneously. 10. Verify that the Contractor has contacted utilities in the general construction area and advised them of Contractor's schedule. Assist in coordinating scheduling of utility activities to minimize conflicts with CITY OF FAYETTEVILLE's activities. 11. Establish and furnish the Contractor with necessary baselines and control points which will be used as datum for the work. Actual construction staking will be done by the Contractor. 12. Provide, through a subcontract, necessary surveying to re-establish streets to preconstruction grade and referencing and re-establishing land surveying movements. In easement areas, mark the easement limits. 13. Visually inspect materials, equipment, and supplies delivered to the worksite. Reject materials, equipment, and supplies which do not conform to the construction contract documents. City of Fayetteville Appendix E Appendix EAuc 90104.9402 3/5/03 • •i • •I [7 •I [] •1 • • 14. Coordinate onsite materials testing services during construction. Copies of • testing results will be forwarded to CITY OF FAYETTEVILLE for review and information. 15. Observe field tests of equipment, structures, and piping, and review the resulting reports, commenting to BLACK & VEATCH, as appropriate. • B. Meetings, Reports, and Document Review and Maintenance 1. Attend the preconstruction conference, and assist BLACK & VEATCH in explaining administrative procedures which will be followed during • construction. 2. Schedule and attend monthly progress meetings, and other meetings with CITY OF FAYETTEVILLE and the Contractor when necessary, to review and discuss construction procedures and progress scheduling, engineering • management procedures, and other matters concerning the project. 3. Submit to BLACK & VEATCH, with a copy to CITY OF FAYETTEVILLE, weekly construction progress reports containing a summary of the Contractor's progress, general condition of the work, problems, and resolutions or proposed • resolutions to problems. • 4. Review the progress schedule, schedule of shop drawings submissions, and schedule of values prepared by the Contractor, and consult with BLACK & VEATCH concerning their acceptability. • 5. Report to BLACK & VEATCH regarding work which is known to be defective, or which fails any required inspections, tests, or approvals, or has been damaged prior to final payment; and advise BLACK & VEATCH whether the work should be corrected or rejected, or should be uncovered for observation, or requires special testing, inspection, or approval. 6. Review applications for payment with the Contractor for compliance with the established procedure for their submission, and forward them with recommendations to BLACK & VEATCH, noting particularly their relation to the schedule of values, work completed, and materials and equipment delivered at the site, but not incorporated into the work. Record date of receipt of shop drawings and samples. Receive samples which are furnished at the site by the Contractor, and notify BLACK & VEATCH of their availability for examination. Cityof Fayereville Appendix E 90104.9402 3/5/03 8. During the course of the work, verify that specified certificates, operation and maintenance manuals, and other data required to be assembled and furnished by the Contractor are applicable to the items actually installed; and deliver this material to BLACK & VEATCH for his review and forwarding to CITY OF FAYETTEVILLE prior to final acceptance of the work. 9. Maintain a marked set of drawings and specifications at the jobsite based on data provided by the Contractor. This information will be combined with information from the record documents maintained by the Contractor, and a master set of documents conforming to construction records will be produced. 10. Review certificates of inspections, tests, and related approvals submitted by the Contractor as required by laws, rules, regulations, ordinances, codes, orders, or the Contract Documents (but only to verify that their content complies with the requirements of, and the results certified indicate compliance with, the construction contract documents). This service is limited to a review of items submitted by the Contractor and does not extend to a determination of whether the Contractor has complied with all legal requirements. 11. Maintain the following documents at the jobsite. a. Correspondence files. b. Reports of jobsite conferences, meetings, and discussions among the BLACK & VEATCH, CITY OF FAYETTEVILLE, and Contractor. c. Submittals of shop drawings and samples. d. Reproductions of original construction contract documents. e. Addenda. f. Change orders. g. Field orders. h. Additional drawings issued subsequent to execution of the construction contract documents. i. Progress reports. Names, addresses, and telephone numbers of all contractors, subcontractors, and major suppliers of materials and equipment. City of Fayetteville Appendix E Appe^dx E.d c 90104.9402 3/5/03 • •I • •I •I •1 •I •I 1• 1• 12. Maintain a daily diary or log book of events at the jobsite, including the following information: a. Days the Contractor worked on the jobsite. b. Contractor and subcontractor personnel on jobsite. I. c. Construction equipment on the jobsite. d. Observed delays and causes. e. Weather conditions. • I• 1•• I• G 1• LI I• f. Data relative to claims for extras or deductions. g. Daily activities. h. Observations pertaining to the progress of the work. i. Materials received on jobsite. The diary or log book shall remain the property of BLACK & VEATCH. D. Assistance in Certification of Substantial Completion Before BLACK & VEATCH issues a Certificate of Substantial Completion, submit to the Contractor a list of items observed to require completion or correction. 2. Assist BLACK & VEATCH in conducting final inspection in the company of CITY OF FAYETTEVILLE and the Contractor, and prepare a final list of items to be completed or corrected. 3. Verify that all items on the final list have been completed or corrected, and make recommendations to BLACK & VEATCH concerning acceptance. City of Fayetteville Appendix E 90104.9402 3/5/03 t FAYETTEVILLE SPECIFICATIONSLIST No, of Sections = Hybrid Discipl ire Cut File Construction Contract ' Solids Hdig Construction Contract 2 Haedworks Construction Package 3 Wet Weather No. of sections req'd t a Singe Package No. ofdupncate construction confactsections 198 193 107 210 185 C HS Table of Contents N' Y Y Y 1 BIDDING REQUIREMENTS 0 C IS 20 1nvitat'on to Bic Y Y Y Y 1 C HS 100 Instructions to Bidders Y Y Y Y 1 BID FORMS 0 C HS 400 Bid Form, I ' Y Y Y 1 C HS 410 Bld Bond pdf ftle y y C HS 430 List of Subcontractors y y y y 1 C HS 450 E uiomentOuestionnate y Y Y Y C HS 452 'nstmentation Questionnaire Y Y V Y 1 OWNER'S FORMS 0 CONTRACT FORMS 0 C HS 500 A reement Y Y Y Y 1 C HS 510 Performance Bond d Y Y Y Y 1 C HS 520 Pe meat Bonc Y Y Y Y 1 C HS 540 AssignmentofProcurementContract Y N N Y 0 C HS 545 Surety's Agraemsntto Ass nment Y N N y 0 C HS 550 Certiflcats oflnsurance Y Y Y Y 1 C HS 552 Cert'rficata of Prone Insurance Y Y Y j Y 1 C O N DITI O N S O F CONTRACT 0 C NS 700 Standard Garera� Coricaboms of tne Construction Contract j Y Y Y Y 1 C HS 830 Suo lementa Conditions Y Y ' Y Y JIVISION 1 - GENERAL REQUIREMENTS 0 C H'S 1015 Pro.ect Recufrements Y Y Y Y 1 C HS 1070 Abbreviations of Terms and O arjzators Y Y Y Y 1 1200 Pro act Mee1Ln s Y Y Y Y ! 1 C MS 01300A Submittals raditionat Work Y Y Y Y j 1 C MS 1310 Const^ucton Schadut' Y Y Y Y C MS 1320 ConstructionPrc ressDocumantaaon Y Y Y Y 1 C ws 1360 ConstrictionOonsL'JcthnPhctGqrapts v y y y 1 C H5 140C Qua't Contrcl v y y Y 1 C HS 1507 Tem ora, Facilities v Y Y y 1 C HS 1605 GeneraJE u; mentRe uirernents Traaidoratwcrkl v y y y C HS 1610 General Eou' men1S lattons V Y Y y 1 C HS 1612 Shi Ir v y y y C HS 1614 Handiln and Store e v Y- Y y C HS 1620 Eau'. mentScneduta Y Y Y y 1 C HS 1630 Pi line Schedule' Y Y Y y 1 C CF 640 Valve Schedule Y y Y y 1 C HS 1650 Startup Re uirements Y Y V y DIVISION 2- SITE WORK C Site Pre aration C C CF 2050 Demolition and Salve e y v y y 1 G CF 2140 Dewater'.n y V y Y G AS 2200 Earthwork y v y Y 1 0 AS 2202 Trenchng and Backfdtn y v y y 1 0 CF 2250 Geotextiles N Y y 0 G CF 2272 Geomerttbcane Lira N N y y G AS 2372 Dr'Jled Place i Y Y Y y 1 C AS 2512 As helticConcretePavi Y Y N y 1 C AS 2514 PortlendCamentConcretePavemen: y y N Y , C AS 2522 Concrete Sidewalk, Curb. and Gutter y y N Y C AS 2605 Sewer Manho'es y y y Y 1 C MS 2606 ron Manhole and Vault Covers and Accessories Y Y Y y C MS 2616 Low -Head Concrete Pressure Pi V Y Y y C AS 02618P Concrete Sewer of - Procurement i y y y y 1 C MS 2630 Pol in CMoride PVC Pressure Pius Y Y y y 1 •C MS 2675 C!ean!7 and Disinfection of WaterDiztibutionS em Y I Y Y y 1 C AS 027020 Sewer Pkpe lnstaltatton era Testing y y y Y 1 C AS 2704 2ice'Lne Pressure era Leakage Testing y y y y 1 2762 Ins action cfPipeltnes y y y ! Y. 1 C TGS 2776 Pond and Reservccuners N N v y 0 C AS 2832 Chain Link Fenong y y y y 1 C AS 2930 Seedin and Sodd Y Y Y y C CF 2940 Tree and Scrub Protection and Removal y _ y v Y DIVISION' 3 -CONCRETE S CF 3100 Concrete Formwork v Y Y y 1 S CF 3200 ConcreteRefrforcemern v y y 1 S CF 3250 Concrete Accessories y y y y S AS C3300P Cast -in -Place Concrete • Procurement Y Y Y y 1 S AS C33000 Cast-In-PlaceConcreta-Constriction y y y Y 1 S AS 3600 Grout V v y y 2002eh ' tmodiriea 2-1t•203.x1e soecs •03 • Page 1 Z eBsd £OOZ/1.Z/S soeds slx'£OOZ-�3-Z Pe91Pow-3sp3004OZOOZ 0 A N A luewemoad -edecj x49VOA peaod - ;uew !n 3 IBnowea 1IO d LZE 1.1 SV O 0 A N A luewemoad-sueeJO$J88peueep Ileo!ueyoe{n; dZLEII SV O L AN A s wnd 068M99 pue dwnS elq!sJewgnS 981. L L SV gW 0 A N A EN s wnd a emeS pue wnS uwnloo leoMeA 081.11. SV gW L A A A luewemoad - s wnd !ABC) u!sseJad d09 1.1. L SV dW A A. / luewemoad-s wndelq!sJewgnS d09I11 SV dW L A A A uonellelsul;uew !n 3 O090LL SV O 0 IN3WdIlO3 - It. NOISIAIO L A A A Seple!oe S snoeuelleos!w 06601. dO V L A A A seUOSS93OV 191!01 00801. dO V L A A A seolne0 DUlAiflUepi 0010l. dO V A A A luewwnoad s;ueA pUB SJennol d00Z0L I. A A A uo!longsuop s;uGA PUB SJenno1 O00Z0L SV V L A A A sluewpe woo lel!ol eleu!wel Oyseld 99101. SW V 0 S3111V1O3dS-01. NOISIAICI L A A A s u!1eoO enpoelad 0466 SV O I. A A A upu!ed I8Jn;0SI!Ll0LV 0366 Sol V A A A swels S u!u!, uopoe;ad uc!soLoO 0886 SV O L A A A u!leoO xo 3 3996 SOl V A A A s)luel- u!leoOsno!lpueweO ZZ86 dO O A A A u!1eoO sno.1.1uOWB0 0Z96 dO V I, A A A JeleeS e1eJOuO0 Axodg 9086 dO O I. A A A Jelee5 $1GJ000O 4086 d0 O L A A A s UIJGAOO J00ld;ue!I!sea 0996 SV V A A A ;uewleeJl !IBM IeOpsnoov 0Z96 dO V A A A s u!l!eO leopsnoOV pepue snS 0196 Sol V • A A A luewleeJlleopsnooV 0096 dO V L A A A BillDIWBJGO 0LC6 SOl V 0 S3HSINId-6 NOISIAIO L A A A buizepo Pue SSBI$ 0088 SOl V A A A OJBmPJVH ys!u!d 001.8 Sol V A A A sGIIgwesSV Pue s93uBJlu3 wnu!wnlV 0Lb9 Sol V L A A A S1000 end PUB leelS buifloH 0££9 SW V A A A seyOleH PUB sJoo0 ss$OOV JOOld S0£8 SW O L A A A seweJd Pue sioo0 wnu!wnrV ysnld 0Z18 SOS V 0 SMOONIM ONV SMOOO -9 NOISIAIO L A A A A SlueleeS 01.61. O L A A A A u!HIn80 006L SH V • L A A A A well S sqbflAj9 PeweJd 181OW 0391. dO V A A A A $6UOSS000V PUB se!lle!os S 1008 00LL SOl V A A A A IeleW 1994S 009L 801 V L A A A A s u!JenoO NOSO OIJewo;s913 O1SL SW V A A A A peie4PV Aund ' upo0a ld-el u!S ZESL SW V L A A A A Peuelsed AIIBoIUBL4oe4' uyooa ld-el u!S 1ESL SW V L A A A A ugooa uewrq!g Pe!1!POW SZSL SW V A A A A u! olseJ!d OLZG dO V A A A A a uyoend 0931 dO V A A A A uofBlnsullewJegl 0LZL dO V A A A A uopelnsul u!Pl!ng 00ZG dO V L A A A A U!B5pUBbU!JOOJdJeWMAJUOSB41 3911 d0 V I A A A A s upeoO luell eN jeIBM 9111 SO8O1.V L A A A A bUuooJdw8C 0911 SV O L A A A A aUuooJdieeMeueiquJe1Ad 01.11 d0 O 0 NO11O31ONd 3Nl1SIOW ONV 1VWil3H1-L NOISIAIC 1 A A A •A I!BLPuBH PUB uyeJO Opseld Pe3iOPu!eb ss91 Jeq!d 01.99 Sol O A A A A suop9O!Jged Opseld peao4u!ea ssul JS1!d 0099 SV O A A A A A.iuedieo 0609 SOl V 0 SOLLSVld ONV OOOM-9 NOISIAIO L A A A A 91819141 snoeuelleos!W pue I9m1onJS 0669 SV S L A A A A AJUOSeV4 Pue e;eJOuoo u! a eJOyouV 0999 SV S L A A A A SJBAOQ y0ueJl pue uIMBMO 0ESS SW S L A A A A sieppel pue' ull!eipJenO u!I!aPuBH 0329 SW V 0 A N N A NOOO wJod lee1S ELE9 SW S 0 A N N A 3loec;ooa leelS ZLES SV S 0 A N N A SJepnols!or Pue s;s!of Iee1S 0LZS SW S 0 S1V13W -9 NOISIAIO I. A N A A uoseW u!pl!ng 00ZP SV V 0 AaNOSVW - 4 NOISIAJO L A A A A ne eN 310BJ0 e;eJOuo3 0LLE SW S L A A A A 1.!9 ea a;eLOu00 00LE dO S A A A A 1naO xo 31logjoyouyluew !n 3 ZL9£ SW O A A A A InaO;uew !n 3 0L9E SV S SI!d;no Sul Id!os!O P!jgAH = suo!O9SJO ON 1SI1 SNOIIVOId1O3dS 311IA3113AVd S8L 013 101. £61 861. suopoes loe.luoo uofQn4suoo eleO!IdnP;o ON 9693100d ei6u1S e p p,bw SUO!;Oes JO NON JeyleeM IBM c e6wload uo!lon4SUOO SJIJOmPBGH ;094u00 uo!1O3ulsuo0 BIPH BP11OS I. loenuo0 uo!lOnAsuo3 • • CJ FAYETTEVI LLE SPECIFICATIONS FIST Hybrid Discipl He Cut File C MS 11322P Grit Separailon end Classticatio .;onstructlon Lonstnrcucn consthictcon INC. OT sections NO. Or GLPIICai9 I Contract 1 Contrect2 Package 3 req'd to Single construction j SolidsHdld Haadworks Wet Weather Package contractsectionst No, cf Sections = 1 198 193 107 I 210 185 MP TGS 11340 Belt Fiitet Ptesses Y N N ' 0 E CF 11340a AFD'sforBellFilterPresses N N y 0 MP CF 11341 Gravfty Ball Thickener V N N y 0 MB MS 11350 Packaged Odor ContrW tem y Y N y MB AS 11351 Odor Control S stems V y N y 1 MB MS 11352 Packed Towst Scrubbers V V N y 1 MB AS 11356 OdorContro5Fans Y V N y 1 MB AS 11357 Odor Control De rs and Valves y Y N y 1 C AS 11515P Sub mersibiaPro UerMaers-Procurement V Y N y 1 C CF 11532 1n -Lima Static Mixer V N N y 0 MP CF 11717 Pol mer Feed S stem v N N y 0 MP CF 11727 Liqu!d Chemical Feed System v Y I N y 1 MP MS 11910P En ine Generators • Procurement N V N y 0 MP CF 11911 Engine GeneratorAccessodes N V N y 0 DIVISION 12 -FURNISHINGS 0 DIVISION 13- SPECIAL CONSTRLIC7ICN 0 MP MS 13190P Fiberglass Reinforced PlastcCherrxcaj Store Tanks -Procurement V Y N y 1 MP MS 13192P Steel Chanticai Sto Tanks -Procurement V Y N y 1 13320 DissclvedOxygenMehn Equment N V N y 0 13410 Su ervisa Controi E i nt N Y N y 0 IC AS 13500 PlantconbolS stem y y N y 1 IC AS 13530 DistributedCor.trot temhardwere Y V N y 1 IC AS 13540 Communications Y V N y IC AS 13550 Software Control &ock Descd tiers y y N y 1 IC AS 13560 Instrumentation General Recurernerr's Y Y N y 1 IC AS 13562 Flow Instruments Y Y y y 1 IC AS 13563 Pressure and Levellnsmunenis Y Y y y ' IC AS 13570 Panels, Consoles, and AppurtenancesIV Y y y IC AS 13580 J.UnirterrupdePowerSu y y ,N C CF 13715 Disinfectbn of Stnrctures end L.ar Pi Tres y y N y 1 C TGS 13750 Leakage Testing of Structures V Y N y 1 C TGS 13755 Ceanin andDismfecbonOfStnxtures y y N y 1 MB AS 13930 Fire S rinktet Systems Y N N y 0 DIVISION 14 -CONVEYING SYSTEMS 0 MP MS 14552P ScrewConveyors.Procurrient Y N N y 0 MP MS 14553P Belt Oonve - Procurement V N N y 0 C AS 14621 Chain Hoists V Y N y 1 C AS 14622 Electric Wire Ro e Hoists Y V N y 1 (General Mechanical 0 C AS 150100 Valve Installation Y Y Y y 1 MP AS 150200 MiscellaneousPi and Accessories -Construction - y Y Y y 1 MP AS 15060P Miscellaneous Pi Jn end Pine Assem6t - Procurement y y Y y 1 C AS 15061 Ductile Iran Pipe y y Y y 1 C AS 15062 Ste&Pipe Y V N y 1 C AS 15063 Light Wall Steel Pine y y N y 1 C MS 15064P Stainless Steei Pipe. Tulin, and Accessories - Procurement Y Y N y 1 MP MS 15065P Miscellaneous SteetPi ,Tuba ,endAccessories-Procurement y Y N y 1 MB AS 15066 Fiberglass Reinforced Pfasfic Pips Exhaust Ac Service V Y N y 1 NIP MS 150670 Miscellaneous Plastic Pi , Tubi , and Accessories - ProcurattteM Y Y y y 1 MP MS 15069P OestlronSoPipesndAccessaries.procuraynt y y N y 1 MP MS 15070P CopperTubin and Accessories-ProcurartsM Y Y N y 1 MP AS 15090P Angle Valves. Procurement Y Y N y MP AS 15091? MiscellanenusSallValves-lommirenrent Y Y N y 1 MP AS 15092P lndustriatButerfl Valves -Procurement Y Y N '' 1 MP AS 15093P Check Valves- Procurement Y Y V y 1 MB AS 15094P BackflowPreverters-Procurement y y N y 1 MP AS 15095P Solenoid Valves -Procurement y y N y 1 MP AS 15096P Globe Vaives-Procurement Y Y N y 1 MP AS 15098? Plu Valves -Procurement Y Y Y y 1 MB AS 15099? PressureReduci, Vsives-Procurement Y Y N y 1 MB AS 15100P Miscellaneous Valves -Procurement Y Y N y 1 CAS5101PAW/L4ThiftsthyVeives.Procerernwt y y N y 1 CAS15102?EcconPiuqVvaa.Prtcwoment y y y y 1 C MS 151030 AWWABal$Vatves-Procurement y y N y C CF 1510 Knife Gate Valve y y N Y 1 C AS 151110 Gate Installation V Y Y y C AS 15112P Sluice Gates- Procurement y y y y 1 C AS 15114? SlideGates-Procurement v y N y 1 C AS 15140 PieSupports its y y V y 1 C AS 15180? Valve and Gate Actuators - Procurement Y Y Y y 1 MB AS 15250 Mechanicaltnsu!atfon V Y N y 2002E•t+nodfled2-51.200,3x15 specs 000 • Page 3 q °6sd EOOZILZI9 coeds a x' I EOOZ•L L•Z PeUIPew•islllaeysZ00Z L A N A A swels S wJelV PUB uopoeleO end LZL9L SH 3 A N A A swels S uopoelad Iu44 11 OL991 SV 3 L A N A A uogoelad 3IPo41eO 04991 dO O L A N A A lu9LuelnooJd - gol1MS J0;suBLl opewolnV uopelosl SSBdAS d 1.649L SV 3 L A A A A lueweJnoad - SLeluGO lo4U00 Jolo1N SWO IIOA 009 d08b91 SV 3 L A N A A Sen1LO AouenbeJd elgelsn.pV a elloA-wnlpeW 991.91 dO 3 L A N A A luewemoad - sen.Jfl Aouen eij elgelsn,pV d09191 SIN 3 A A A A uopepelsulluew 1n 319014°813 O00191 SV a A A A A 190140813 0909L SV 3 0 1VO1a1O313 - 9 L NOISIAIO L A N A A gUIOUBJBg pus bUqsnfpy 5uIsej 06691. SV 9W A N A A wuoplpuo0 Lly pue' upelgueA upeSH 0099L SV SIN L A N A A sJeuleJlS opewolnV 96491. 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Con,trunon Contract 1 SOIid, Hdlg 126 I Constuction Contad2 Headaorks 1 168 Ccnstturaon Contrtct3 Wet Weather Nc.ot Crows, s No. duparato dmwinga 23 234 66 GENERAL I Using D 7 I 01 mll Gene Geneml•Cover resell PasueG Lxebort Aee i V V V I TRUE 2 02 will Gene 'GMem-Slsea[Lst V V V TRUE 3 G3 m!Gene General -Le endGMerBI NOMs 1 v y y TRUE 4 Ga pM!soenerae41eroi-Abteviethrs.nacesanabon i y V i V I TRUE I 5 GS mllGene GMeml-StrtteWrel De nParaanatera r y V v I TRUtt II 6 GB mlJGone 'Gene ml-PrcCao Dsei nPommMem 1 v '+ TRUE 7 07 MI IGene Gene ml- tad Proilae L' &Wet W eatnef 1 V V V i TRUE 8 Ge CmI1Gera Gone ml-Srhmetias- ' aM Wet Waemer 1 V y V TRUE t 9 GB MIJGene GMeral-Solids Sdeern is•o.vll Ppsa cz^.-.2 V y TRUE 10 010 PAIDe PAID, -Le and AbbrawAtont y V V TRUE 11 Gil Pits Pa1Ds-Le end AitbmvietonsI v V V TRUE 12 012 Pa!De Palpe-Ch►MtbiFeedSceernetbs•OBTasMBFP Feed C: Wt3 IYossp p&yr.rlad •ys.a. 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I V TRUE 29 029 PAID, PA®- Sludle Conyoy,nce C'•"' V TRUE 30 030 PAID, Pill). Gmft Bell Tlackanem G--': RUE 31 031 PAIDe Pit-Grtt Sepamtjon CnI, V I TRUE C 32 032 Mach Goneml- Non-Pothala Wemr ecfiemetln (nwo A -w tscman oaavgtgn-rawalauaya mryrp er va t Y V TRUE 33 G33 Mach .Enginea.neratnr V TRUE I: 34 034 I CIW/Bile i CleA-Ste PMn1`al OO• Legnd mr ct••er s he p' ar. l gemaa atonrge 1 Vy. RUE 35 035 Ci I Site ICtv6- SitePleri 0ear.0bon 1-a26 vauam•a' bravy ?.cusp$ Jodveriaumdatreac -edam t Y V TRUE 38 G36 I Clvfi/Site Cb6- SIB Pan 1w20 One of fl Arose'a tccwra+ea Mtn CPala9Vaprba tae¢w} S,w new rw xrr.Cl r,Ni9in no. I bc22a 1 era arMo d!Plap -orn•ctom. New na I. ens pperaWryb ninon 3a:.^.' p �erle' and wow swvea ear nbeadon PoisI a^ew arwa:eCn: blfnq babaere WWp b It. ` TRUE ] 37 037 CIvB/Site ICMI- SitePMn 1 -a2V Oreysx¢reea •a covxasaawMre mulaucrmnto Drs w.I Pm,Ih'e ocatcn o' ran mss awntasmq amlac. i Y t I TRUE 38 038 CIvB / SAO Cb9- Site PMn 1 .20- Oren an a-eeu •a cvera,nw1wa ta.m anrooccw. l New screen b,,nld rp, yrtt rb w.t .cos dmrot new a'r.;-.ca -.o 2, new lrLeetwmonvr no.] Ana pryop Crar: ea t' prr- fi".rt cack.Parr and Cgay!y itbga V TRUE c 39 G39 Civg / SIb Kehl- SitePhn l'a2V One°'nah••u y TRUE 40 040 I Civ9/Site CiW- SitePlen l-.20 0-. '• r• watvpewemulmauatuovw 1 ' y V TRUE 41 041 I CMI I Site ICisI- Sips Pan 1.2V IOre jI 0• fl ¢heed ts pwwamaMwe aaste'rvOrarbo¢w V , TRUE 0 42 042 CivB/Sib CPA -Site Pan l"a5V 'wale'cfG^s Prn'ry Po -,d a,"- snow Wrau Pftrcwa. rw. plop ter TRUE 43 043 Ctvl''Struct Stawcrk• SscSom and Dail or -tart' or r.^crate dnaWe•saatwcwmran eetya. -ca balladcr-arerc•WcTura Oa pow p.•taan I tales' V ! V TRUE t 44 1144 CMI SMWcrk- Slonnwaterp.vnp ttadaa. poll seOcis I'e•ee'•aar^•atw Wnp ft b', nstd•yeloPa('0ene 1 Ihuld^ V TRUE J t 45 045 Civil ISMwork-Stormwater steticart• seotionses date I y TRUE c 48 G46 CivWStuct Sitaw'ork' FbwControlSbuclun No, t • ptn semwnt deteie I TRUE C 47 047 CMUStruct .details SAework. Fbw CMtrol Sbuctun No. 2. pan vrA'ent "I I y TRUE 48 048 I CIv&S•slct , 'details Sa rk•Fbw CMpolSuuctun No. 3. planmo orm 1 I V I TRUE c 49 049 Civil Sitawork- paiffic, yard nulheB manholes r t V v TRUE 50 050 Cml Siawo rk- mise a au-t0ns and derails. t V i TRUE I 0 51 Al Arch GeneraI- Arehiftcturak•RJOJW/L SaMdulea V V I TRUE 52 A2 Arch OMaml- A handsctu rag• Doer Demibs V V I TRUE I i 53 A3 Arch OeneraI- Ara*aecturil. Wind ow Deals 1 V V I TRUE 54 A4 Arch Gemara-ArcntacN •Louver DaMia V y TRUE I 55 AS Arch Geneml-ArcntMctu mk-RooAn Osaka v V TRUE I I 58 AC Amh 'General -Anus , ral.Rootln Qaaas v v TRUE 57 A7 Arch 1C3ene ml-Ar htectumF•Baa Detects I V V TRUE 58 AO Arch General-ArStec;urof• Mole.DeaiN r v V TRUE I 59 A9 Arch SouthO era ns Bultd • Roem FloorPan tosmcoac! SoullG amtlwn BWfd •Wall Saeeorn ra`c'e'•o'new Scum O emboals 8ultl •O' Pan leaatwa-fuvm:. 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CC Oned.inee I V I TRUE I 170 E14 Eect ISmeenin Grit IVCCOne•Linee i IY i TRUE c 177 E15 Elect Ezng puny Station No. 1 MCCOne4Jnes t Iy TRUE I c 178 Ele Eject INsw Pump Sbr.Ron No. 2LCCOne{fines v TRUE 0 I 179 E17 Elect 'EToa nt Pu Stet:oaMCC and Aar. Basin MCC Ores Line MadlfiesCana v TRUE 180 E18 I Elect Sosds De Bu MCC-0rta•U nes I TRUE I c 181 E19 Elect SoFde De BuEd' MC 'nee I V TRUE 0 182 E20 Elect ScAemadcs v I TRUE 103 E21 Etec1 Scnemancs V TRUE 0 184 E22 I Elect s enetcs V V TRUE 185 E23 Eject ! HVAC Schemeaes/ One Lines V TRUE 0 180 E24 I Erect Chemical Feed Ona4ems V V I TRUE I 187 E25 Elect OdorConfrSitornOne.line. I I TRUE 188 E28 Elect Mhcella neous 120 wok oneJetse TRUE 189 E27 Elect Canlroloneilnee V TRUE 190 E28 Elect Centro! One fines v TRUE 0 191 E29 Elect Controlcne fines v TRUE 102 E30 EMC 'SOW,O eruuons 3uleln O e Fbor Power andL PMn V 0 TRUE I0 193 E31 Elect South Ooere5ons Rulsnafttan.,tecwerpiart I v I TRUE 194 E32 Elect Srxeenin s Eiading PowerPlan VI TRUE I 195 E33 Elect Sttsenin s BiASing Uqntnq Pten v TRUE I 196 E34 Elect GottRemove{ Ballcin PowareltdL Plan '! TRUE 197 E35 Elect Ex�nlPurStonNo.ttPnwSnOdcr0QqfroiPowarPtan v I 'RUE 198 E38 Elect b"Susrt PS No.2/Slandb Oenmelor Passer Plan I V TRUE 0 199 E37 Elect to5uent PS No.2 / Standby Orterstor Liflnp Plan I TRUE 0 200 639 Elect Aeratlon Basin Power Alcor V TRUE 0 201 E39 Elect EtCuant Pump Station and Stu Oates Powm Plan I V I TRUE 0 202 E40 Elect Sollcs Oowatwtig Bu Lower Levet PowerawO olL Plan V TRUE 0 203 E41 Elect IShcds DowaS*,g BBuSd,rlJpp.rL.n4PoweranaLoqt'tnqPn v TRUE 204 E42 Eject Mlec Plane SWarttwater PS drSuent Charnel Row Meterin v I TRUE I 2D5 E43 1 Elect 1 Mac Pens ERuent FMen I I TRUE 3 206 E44 Elect Mete PIan9(5luaga S Sacn Holding Tank` DigW S'udge l PS Odor Canto $ tams} V TRUE ! J 207 E45 Elect !Mate. Powerond Li hM Plain I TRUE 208 E49 Elect Liqtt1ng Psrtetisoab and Fbnun SchedtM• V V I TRUE 209 E47 EMC S49 Details Y Iv TRUE 210 E48 Elect MMc Details V V TRUE 211 I1 I ISO Ilnstrumentdon- OooESysTnStocDaflrn I V V TRUE ' 212 12 ISC !rratrl.mentatloa-Insbumart Device Schstlule 1 v v I TRUE 213 13 8C Instrumentation- Insbummra Device Schedue V V TRUE 214 14 SC Inatrumentaxn- InsbumeM DeVlte Schedub 1 V TRUE c I 215 I5 I ISC Ilnstrumenmbon- Inebun*ct Devtw Scttedu$e V TRUE 216 IC SC Irtetvmenmton-Inaburt+ent Oevxe Scttettule I V TRUE 217 17 ISC Imbur.nmton- InsrmmentOeviceSchednle v TRUE 2'18 18 180 Ineoumerltatesa. InstrtnrrentDewcsSchedub V TRUE I c 21D IB ISO Inamrmentation- ;nsblmwnt Device Schedue M TRUE 220 110 18O !Imlrumentauon- Ina?omen Device$chedub TRUE 221 111 !SC Iredrumentation- Instrument Device SchWnb v TRUE c 222 112 I8C Inebumentancin-InsbumantOov,c 5chsdule v TRUE 223 113 !3C Ins umenmtion-RTUlneutlO ut Lisdr V TRUE I 0 224 114 !8C IrtetumenmtCA-RTJ in t O InLietW. V TRUE 0 • 225 115 180 In un,entatioA- RT'J in ub'O ut Listin I V TRUE 225 118 !8C •Irvtrumentatlat- RT'Jin Listing I v TRUE 0 • 227 117 !8C 'Ilrrstrurric c - RTUM Uetie v TRUE 225 118 18C Iratrunenm6ort-RTUM ListM vI TRUE 229 119 !SC 'IrnbumenmEon-RTUL Lrstk, t I V TRUE 230 120 ISC urntrumentation-RTU in Listk I v TRUE I _I 231 121 ISO I V I TRUE 232 122 ISC 'Irubvmenmtia- RTUtn urUsbn I v TRUE 233 123 ISC 'Irtsfrumentanolt-RTU 1n tN0 Irt Lisbl! I TRUE 234 124 140 IrMry rnentation-RTU In mLiede '! TRUE I 235 125 ISO Ireltrl:menmtlon- InstrumentketeaebonOeted. I I v v TRUE II I 235 126 ISO Irobu^tenmtbn-EncrostanO Is 1 vI V TRUE 237 238 I 239 REFERENCE DRAWINGS FOR LLD PROJECTS I 240 vacustars I I TRUE 241gravity Ctickeners TRUE i 242 influent channel cawin TRUE 243 etorrnweter um station I TRUE 244 'eoutlta cations builder - TRUE I0 Civil/Dane Civil 14 1 Civil B B C:vl/Oenaml CM'/Sim 9 i 3 CMI/Sta ' PSIDe 22 F 1D I PSIDe Mach 25 I 11 Macn Arch 38 0 Arch Chem C( l 0 Chet Strict 8 4 StrtC Cvd/SbvC 36 1 2 _ Civi/Strct Elect. 48 13 Elect ISC 28 5 ISC 234 50 i Total Dupl!�Ie 10O heeJnt-. cdrfec 2.tt•2^.01aa • 3 D=3 • 5.272:03 • I• • BURNS AND McDONNELL • Program Management and Value Engineering Services I• I• I• 1. CONSULTANT OVERVIEW SHEET 2. PRE -DESIGN PHASE DELIVERABLES SUMMARY .r,W 3. PROFESSIONAL SERVICES AGREEMENT ¢o Do mu Faycnevillc City Council Meeting - June 10, 2003 Wastewater Project Design/Bidding Contracts 16 1• 1• 1• I• I• II 1• 1• I• 1• • WASTEWATER SYSTEM IMPROVEMENT PROJECT FAYETTEVILLE, ARKANSAS PROJECT TITLE: Program Management and Value Engineering Services CONSULTANT: Jerry L. Sonderegger, P.E. Burns & McDonnell Engineering Co., Inc. 9400 Ward Parkway, Kansas City, Missouri 64114 Ph: (816) 822-3941 Fax: (816) 822-3414 Email: jsondercgger(bumsmcd.com. • I 1I!I I' l l 11 :• Rude,I I - I I 1• 1 I rl l l I :� \ 11' , . 1 1.11 1' :n v• 1 I :Im • v 1 I I : ••1 . :u I. 1 1.' u 1 1 r 11'1 in .I • u: loll' providesY1 1. •IY. 'IVI. •' r•I" Ir' rl I• v I I P: 1' I m.' I .1 :< •. 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I n .1 1 1 1' 1 1 1 1 '.. 1 I. • I' : 1 1 . 1 1 1 1 I• 1 1 1 1 1 1 Y. • 1 ' 11 1 1 1 1 1 '1 n 11 : 1 1 •A : 1 1 1 • 1 :s '...I : 1.1 :1 . 1 1 ' . 1.'1 . 11 V 1'. 1 I• 1 II I1 a '11 ✓11r 1' 1 . 1 . 11 i1 11. 1I' 1:s ns 11 ✓.il Preparation .standardized • 1 �•. • I .� •. L' w I I . 1 V I 1 I I I 1..1 ✓. 1 I'engineering w •1. .111II 1:11. 1'11✓.111' 1 1 1•1\Ky'11consultants. I I 1 1 1 •11 . 1 :' 1 1 Y: 1\ I �: . . LI integrate1I 1 . 1I , (.j l. :.' 11construction I 11 �'✓.1 1 41 1.1 1 1IKI . 11'1.1 1 L. . 1 \ 1.11 :11 ✓. 11 1' • :1 11 11 1' v 111 1 41 • 1 :Y 1.' I H .1 1 11 1 1 11 :1 w 1 1 1 '11 • 1 v Y. 114 1 ' 1 I 1 411 :11.11. 11' 1w: 'II 11111'1w 11'1 1 '1'11 1111 YI 1 Project. .. 1 1 1 1 II 1 l it :s 1 11 I w '11 1 11. K 14 H U :Y .I 11 Mme' ' ' , ' 1 ♦ , 1 \ yl H 11 41 I a i l 1 1 1 \ 1 .1 1 :• I C •' \ 1 1 1� `I .Ti 1 4 \ '1 1 :11 1 1 • 1 \ • \ :� \ 1! • •'1 1 1 • 1 11 :i 1 I • 1 1 '11 .11 1 1 1 II 1 • • 1 . \ 1•. YLII) l l l w I M I• 1 .14f, 1. \ 1•' 1 1 Y I M I• 1 l I': ^: 1\ 14.Uii. :1 1\ 1' 11 " •1 i 1 I w: 11 • u 'Y. I\ 1\ w w: 1. 1 IH 1\VI Fit 'll Ir, li 1:1 1 •1 1 •' IIll 1:/ 11' .1 .I 1'• .I .1 :�'I '11 CONSTRUCTION COST ESTIMATE FOR THIS PORTION OF THE PROJECT: $ N/A . CONSULTANT SERVICES CONTRACT AMOUNT FOR TEE LISTED SCOPE OF SERVICES: $ 2.683.366.00. I rI I• • SUMMARY OF CONTRACT DELIVERABLES • FAYETTEVILLE ARKANSAS WASTEWATER SYSTEM IMPROVEMENT PROJECT Bums & McDonnell Program Management Team • Reference: Professional Services Agreement between Bums & McDonnell and City of Fayetteville dated May 7, 2002 (Burns & McDonnell Project Number 30711 City Contract #840, Resolution #79-02, PO # 02-002020-001) The following document is compiled to assist the City of Fayetteville in verification of the status of Bums & McDonnell deliverables required by the Pre -Design Phase Agreement. The individual tasks of Section 1 of the Agreement are reproduced by number and the Bums & • McDonnell response follows. 1.1.1 Perform Program Management services in connection with Pre -Design Phase Projects as hereinafter stated which may include normal civil, structural, mechanical, and electrical engineering services and normal architectural design services incidental thereto. • • Burns & McDonnell conducted administrative Program Management services during the entire phase including assignment of staff, internal quality control, accounting, invoicing, and communication with the City of Fayetteville. 1.1.2 Advise FAYETTEVILLE as to the necessity of FAYETTEVILLE providing or obtaining services or data from others of types described in Paragraph 2.3, make recommendations as to the possible sources • of such services, and act as FAYETTEVILLE's representative in connection with any such services. There was no necessity for the City of Fayetteville to obtain additional professional services beyond the agreements already in place. During the Pre -Design Phase, Burns & McDonnell reviewed at the City's request, a proposal for additional scope and fee from the water quality modeling consultant • and recommended that the proposal not be accepted. The additional scope requested by the consultant was found to be already contained in prior agreements with the consultant. 1.2.1 Consult with FAYETTEVILLE to determine FAYETTEVILLE's requirements for the Project and collect available data on contracts with Consulting Engineers of Record (Consulting Engineers). Burns & McDonnell met with the City of Fayetteville staff on May 23, 2002, and established the lines of communication, obtained the City's overview and perception of critical issues, learned of local issues affecting the project, discussed environmental permitting efforts to that date, discussed the Project Schedule and Budget, and received City reports and standards as resources to be used during the Project. Copies of existing Agreements and Amendments with the Consultants of Record were received. Copies ofprevious meeting notes and public hearings and news releases were received. • • I• •1 1.2.2 Review contracts of Consulting Engineers and ascertain the schedules and deliverables due to • FAYETTEVILLE as part of the contracts. Examine cost -to -date and the status of billings to FAYETTEVILLE for each contract. Each Consulting Engineer Agreement and Amendment was reviewed and it was determined that the deliverables had been met and for amounts within the budgets established by the Agreements. 1.2.3 Review Arkansas Department of Environmental Quality (ADEQ) requirements for Facility Plans approval. Meet with ADEQ regarding each Facility Plan being prepared. Copies of the Facility Plan Amendment were received from the City and the Consultants and reviewed. Copies ofADEQ requirements for the permitting process were received, distributed, and reviewed. Burns & McDonnell, the City, EGO Inc., and MWY met in Little Rock with representatives ofADEQ, Arkansas Soil and Water Conservation Commission, the U.S. Fish and Wildlife Service and the U.S. Army Corps ofEngineers regarding the permitting requirements for the design, construction, and operation of the facilities, status, and schedule. 1.2.4 Review Facility Plans and assess the level of completion. Determine the activities remaining before approval. •1 •I •I •1 After review of the Facility Plan Amendment, it was determined by Burns & McDonnell that the Consultants had satisfied the terms and conditions of their Agreements and that the Facility Plan Amendment should be considered to be complete. It was recommended to the City that formal written acceptance of the Consultants' work be issued to the Consultants. 1.2.5 Review Water Quality Study and assess the level of completion. Determine the activities • • remaining before approval. The Water Quality Modeling Study was ongoing and final treatment levels and design flow rates of the new and existing plants had not been established by the modeling consultant. Additional model runs were necessary to evaluate alternative discharge points and stream conditions. NPDES permit applications had not been prepared and submitted. 1.2.6 Conduct a one -day meeting in Fayetteville with the City of Fayetteville staff to further identify status, scheme, and schedule for the projects. Report to FAYETTEVILLE the preliminary conclusions gained from examination of Facility Plans and Water Quality Study. Establish agenda and goals for joint meeting with Consulting Engineers. Establish goals and expectations and lines of communication for the Program. Burns & McDonnell met with the City of Fayetteville staff on May 23, 2002, and established the lines of communication, obtained the City's overview and perception of critical issues, learned of local issues affecting the project, discussed environmental permitting efforts to that date, discussed the Project Schedule and Budget, and received City reports and standards as resources to be used during the Project. Draft agendas were prepared for meetings with the Consultants and were discussed with and approved by the City. 1.2.7 Jointly conduct with FAYETTEVILLE separate meetings with each Consulting Engineer and OMI, Inc. to review Program status, identify concerns and issues which may impede completion of Consulting Engineers' services, and to receive other feedback from Consulting Engineers. Review Consulting • Engineers' staffing plan and schedule for completion of the pre -design activities. Determine status of property acquisition. •1 Si Si •I [I r • Meetings were conducted in Fayetteville and Kansas City with the four Consultants on June 6, June • 27, July 2, and July 8, 2002. Design and construction schedules previously prepared by the Consultants were received and reviewed. Each Consultant asserted that sufficient staff is available to complete the Work in accordance with their schedules. No property acquisition or easements had been initiated. These tasks are intended for accomplishment in the Design Phase. Follow up meetings and telephone discussions were held during which additional information was gathered. LI 1• I• 1.2.8 Assess the information obtained in the meetings with Consulting Engineers and prepare an evaluation and recommendations. Present the final results of the evaluation process to FAYETTEVILLE for final approval. This presentation will highlight the evaluation process, including status of stakeholder involvement, and identify the recommendation for proceeding with design activities. A complete report with the subject evaluations and recommendations was submitted to the Public Works Director on September 23, 2002. 1.3.1 Prepare a Level 1 concept milestone schedule for the overall Program through the Design Phase which identifies tasks, phases, projects, or subprojects and prioritizes them. The concept milestone schedule will provide guidance to FAYETTEVILLE and Consulting Engineers by establishing "what's first, what's next, what's critical, and what can be accomplished independent of other aspects of the project". The concept milestone schedule will identify an initial Critical Path for the overall Program and will provide direction to the Consulting Engineers through the Design Phase. Establish a phasing plan to be followed in the design of facilities which will permit continuous provision of service by existing facilities. • • Using the initial schedules provided by the four Consultants, Burns & McDonnell prepared an initial Level I Schedule and determined the critical path was the design and construction of the new West Side Wastewater Treatment Plant and that construction would not be complete until 2006. After review of the schedule, McGoodwin, Williams and Yates was requested to consider ([shorter design and construction periods were feasible. All Consultants were requested to review their proposed • schedules to see if opportunities existed for schedule enhancement. Revised project schedules indicated that the overall design and construction period could be shortened by approximately six months by using multiple construction packages, each to be bid separately and constructed independently. I• I• 1.3.2 Identify and address items requiring standardization and coordination among the Consulting Engineers. Topics anticipated include treatment processes, equipment, SCADA concepts, reliability and redundancy, and facility staffing goals. Facilities and processes requiring standardization and coordination were transmitted to the Consultants in the Steering Document and in meetings. Items brought the Consultants' attention included odor control equipment at the two plants and in the east and west collection systems, and sludge dewatering equipment at the West Side plant and the Noland plant. After discussions with the Consultants, it was agreed that McGoodwin, Williams and Yates will do all SCADA design for the projects, but each Consultant would do its own instrumentation design in accordance with the SCADA design. • 1.33 Establish schedule and requirements for Value Engineering Services. • A Scope of Services and schedule was developed and included in the Pre -Design Phase Report of September 23, 2002, and in the Steering Document to the Consultants. I• •I 13.4 Develop design standards and criteria. Develop and maintain design standards for • wastewater treatment plant and sewerage facilities, support facilities, and privately developed facilities to • be adopted by FAYETTEVILLE's Consulting Engineers. By adopting the design standards, Consulting Engineers will assume full responsibility and liability for their resulting design services. BURNS & MCDONNELL ENGINEERING will review design standards provided by the Consulting Engineers. BURNS & MCDONNELL ENGINEERING will prepare design standards and criteria for remaining facilities using the existing standards as a starting point. The design standards will be developed to • provide overall design intent and construction quality objectives with the functional and aesthetic objectives of FAYETTEVILLE. Establish CADD standards, sheet sizes, borders, and title blocks. Design Standards for nine engineering disciplines were prepared and included in the Steering Document to Consultants dated September 23, 2002. The design standards and criteria established the minimum standards acceptable to the City ofFayetteville and will be supplemented by the Consultants' own standards. The Steering Document was submitted on CD-ROM and contained files and standards to be used by Consultants. 13.5 Develop standard contract language. Develop General Conditions for General Construction Contracts. Develop other documents, including Bidding and Agreement forms, and Division I Specifications. Standardized construction contract sections, generally known as 'front end documents", were developed including Bidding Requirements, Agreement and Bond Forms, General Conditions, and Division I General Requirements. These will provide bidders, contractors, and City administrators the benefit of the same contract terms and conditions across all 17 anticipated contracts and eliminated the costs for separate non-standard development by each of the four Consultants. • Computer files to be used by the Consultants in preparation of the Construction Contracts were given to the City and Consultants on a CD-ROM. 13.6 Disseminate the Steering Document which includes design standards and criteria and standard contract language, to Consulting Engineers for use in preparation of design contracts, budgets, and scope. Five copies of the Steering Document were submitted to the City ofFayetteville on September 23, 2002 and subsequently issued to the Consultants by the City. 13.7 Assist FAYETTEVILLE in developing standardized Professional Services Agreements, based on EJCDC documents as a starting point. A Standardized Professional Services Agreement was developed and approved by the City. The document was issued to the Consultants for use in preparing the Design Phase Agreements. Terms and conditions for all four design consultants are identical and individual project scope is described in appendices. 1.4.1 Prepare the overall Program Budget utilizing Consulting Engineers' opinions of probable construction costs. Formulate independent opinions of probable design fees for the West Treatment Plant, modifications to the existing Noland Facility, the West sewer system improvements, and the East sewer system improvements. Analyze and include other likely Program Budget costs. A preliminary budget using information submitted by the Consultants was prepared and indicated that the overall program could be completed within the funds available. Analyses of the design fees • •I •I •I •I •I •1 •I •I i• l• 1• I• I• 1• I• is I• I• • anticipated by the Consultants were made and indicated that the proposed fees were within an acceptable range when compared to industry standards. 1.5.1 Review Arkansas Department of Environmental Quality (ADEQ requirements for permitting of facilities. Meetings and telephone conversations were held with ADEQ representatives and a review of the Arkansas Code was made to discern permitting requirements. Discussions included determination of steps necessary to move forward in satisfying ADEQ needs for initiating preparation of an Environmental Assessment (EA) and the associated efforts. A meeting with the Corps was also held to discuss schedule and needs for the Section 404 permit application. 1.5.2 Identify permitting requirements for the construction and operation of the new and modified facilities. Discussions between Burns & McDonnell discipline experts were held to identify permits needed during the design and construction phases of the new and modified facilities. Permit requirements were reviewed to help determine overall status of the permitting effort, and a schedule was developed indicating the timing for permit applications, permit issuance, application to facility design process, need for construction, and assignment. A Permitting Matrix listing the proponents and schedule for each permit was prepared and disseminated to the Consultants in the Steering Document. 15.3 Identify the status of the permitting process to date. • At the time of Burns & McDonnell's final report, the Section 404 Permit Application had been submitted to the Corps and was under review. The mitigation plan designed to compensate for Section 404 wetland impacts was awaiting negotiations with the Corps in terms of mitigation ratios, replacement values, and acreages. The EA being prepared by the AS to approve project facility plans and approve SRFfunding was underway since the letters requested from federal agencies had been received indicating no significant objections to the project or no reason why the project would not be Permitted. Activity on the NPDES construction and operation permits had not moved forward significantly, for additional needed water quality modeling had not been completed by others. The Permitting Matrix presented in Burns & McDonnell's f nal report indicated the status of the permitting process to date. 1.5.4 Conduct a Fatal Flaw Analysis. An analysis by Burns & McDonnell and conclusions included in our final report indicated no fatal flaws were anticipated in the permitting process, assuming that a system through which permitting activities would be scheduled and coordinated would soon be in place. Concerns with state and federal agency coordination in terms of design, construction, and operation permits and schedules were identified. A delay offour to six months in developing and implementing such a systematic approach could magnify permit schedule concerns to the point where design and construction schedules could be impacted. 155 Develop matrix illustrating the permits required, the responsibilities for obtaining them, the tasks remaining before each permit is obtained, and a schedule for completion of the permitting process. • The Permitting Matrix was developed presented in our final report, and disseminated to the City and the Consultants. I• • 1.6.1 Prepare a Program Management Plan (PMP) describing the responsibilities of the Program • Manager, Consulting Engineers, and construction contractors involved in management, design, and construction. The PMP will establish procedures enabling FAYETTEVILLE to monitor the design and • construction phases of the projects. The PMP will emphasize the monitoring of cost, schedule and quality and will establish procedures to permit FAYETTEVILLE to make timely decisions to properly control the Program. The PMP will describe review and approvals at all stages of the Program or projects such as design, construction, security, safety, D/M/WBE programs, logistics, and communications. An internal Program Management Plan was developed for use by the Burns & McDonnell team. The document will be distributed to team members for their use in monitoring activities by Burns & McDonnell, the Consultants, construction contractors, and the City. The document is considered to be dynamic and will be revised and supplemented as the project progresses from design through construction. 1.6.2 Establish a computer -based Program Management Control System (PMCS) to monitor and manage the Program schedule, budget, financial requirements, and D/M/WBE compliance. Establish a document tracking and control system, including shop drawings, samples, approvals, and changes to the work. The system will be used by the Program Manager throughout the Program to advise FAYETTEVILLE on schedule and financial issues and manage the design and construction process. The proposed system consists of Primavera Expedition project management software, customized to FAYETTEVILLE's documentation requirements. An initial PMCS using a Primavera Expedition database has been established and loaded onto team members desktop computers. The database will be populated as information is developed and submitted by the Consultants. Reports will be generated throughout the design and construction phase and submitted to the City ofFayetteville. 0 1.6.3 Assist in developing a Communications Plan to involve the stakeholders during the concept development and design phase; and promote a positive image of the overall Program and FAYETTEVILLE. The plan may include newsletters, press releases, message boards, and the Project web site. The plan development and implementation will be coordinated with FAYETTEVILLE's Public Relations staff. A project web site was developed and made active. The web site is available for viewing by interested parties at http:\\www.FayettevilleUpdate.com and contains information pertinent to the Pre -Design Phase of the Program. In the Design Phase, the site will be updated to reflect the activities being undertaken by the design consultants and the Program Manager. Burns & McDonnell coordinated 0 with the City's Administrative Services Director in placing a link to the project site on the City's official web site. 1.6.4 Prepare a Master Program Schedule by refining the conceptual milestone schedule. Develop the Master Program Schedule through design development, construction documents, and construction. Cost load the schedule, based on program activities, for cash flow and spending plan analysis. Benchmark the program schedule and update based on actual progress of activities. A Master Program Schedule indicating 17 separate design and construction packages was developed and issued to the Consultants and posted on the Project Web Site, but until construction cost data is developed by the designers, the schedule cannot be cost loaded, nor can a cash flow analysis be prepared. The schedule will continue to be maintained and updated throughout the design and construction period and will be the primary tool for computing the designers' and construction contractors' progress estimate. • S • 1.6.5 Prepare and coordinate up to four reports or presentations to the City Council, City staff, or other • parties as directed by FAYE'ITEVILLE. During the Pre -Design Phase, Burns & McDonnell submitted to the City four volumes offormal submittals covering the Standardized Professional Services Agreement, the Standardized Project Manual, the Consultant Steering Document, and a Summary Pre -Design Phase Report of activities by • Burns & McDonnell during the phase. In addition, Burns & McDonnell met with the City staff on numerous occasions to provide project updates and receive information. Burns & McDonnell addressed the Fayetteville Council on September 17, 2002 to present the status of the project and to make recommendations for Council action regarding the nest phase of the Program. 1.7 It is anticipated that the above -described Scope of Services can be completed in 2,758 person hours. • The Pre -Design Phase was completed in 2,801.5 person -hours and within the budget allowed for the project. • •. S AGREEMENT • For • PROFESSIONAL PROGRAM MANAGEMENT SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And BURNS & MCDONNELL ENGINEERING CO., INC. KANSAS CITY, MISSOURI • THIS AGREEMENT is made as of , 20_, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and Burns & McDonnell Engineering Company, Inc., a Missouri corporation providing professional program • management services with offices located in Kansas City, Missouri, (hereinafter called BURNS & MCDONNELL ENGINEERING). CITY OF FAYETTEVILLE from time to time requires program management services in connection with • the planning, design, permitting, construction, operation, maintenance, management, and financing of the Fayetteville Wastewater System Improvement Project (The "Program"). Therefore, CITY OF FAYETTEVILLE and BURNS & MCDONNELL ENGINEERING in consideration of their mutual covenants agree as follows: • BURNS & MCDONNELL ENGINEERING shall serve as CITY OF FAYETTEVILLE's Program Manager in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of BURNS & MCDONNELL ENGINEERING's • services. If Construction Phase Services are to be provided by BURNS & MCDONNELL ENGINEERING under this Agreement, the construction shall be executed under the observation of a professional engineer registered in the State of Arkansas in accordance with Arkansas Code Amended §22-9-101 • SECTION 1- AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of BURNS & MCDONNELL ENGINEERING. • 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of BURNS & MCDONNELL ENGINEERING. J • BMcD Design and Bid Phase Agreement 052303 • • • 1.3 Changes, modifications or amendments in scope, price or fees to this • agreement shall not be allowed without a formal agreement amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. • SECTION 2- BASIC SERVICES OF BURNS & MCDONNELL ENGINEERING 2.1 General 2.1.1 Perform Program Management services in connection with the Program as hereinafter stated. • 2.1.1.1 The Scope of Services to be furnished by BURNS & MCDONNELL ENGINEERING during the Final Design Phase is included in Appendix A attached hereto and made part of this Agreement. • 2.1.1.2 The Scope of Services to be furnished by BURNS & MCDONNELL ENGINEERING during the Bidding Phase is included in Appendix B attached hereto and made part of this Agreement. 2.1.1.3 The Special Terms and Conditions regarding the provision of a program web site to be furnished by BURNS & MCDONNELL ENGINEERING is included in Appendix C attached hereto and made part of this Agreement. • 2.1.1.4 The Scope of Services to be furnished by BURNS & MCDONNELL ENGINEERING during the Construction Phase, if any, will be finalized and contained in an amendment to this Agreement after Final Design is completed. • 2.1.1.5 The Scope of Services to be furnished by BURNS & MCDONNELL ENGINEERING during the Post -Construction Phase, if any, will be finalized and contained in an amendment to this Agreement after Final Design is completed. • 2.1.1.6 The preliminary Scope of Services to be furnished by BURNS & MCDONNELL ENGINEERING for Resident Services During Construction, if any, will be finalized and contained in an amendment to this Agreement after Final Design is completed. • • 052303 •1 SECTION 3- ADDITIONAL SERVICES OF BURNS & MCDONNELL ENGINEERING • 3.1 General • If authorized in writing by the CITY OF FAYETTEVILLE Mayor and the City Council and agreed to in writing by BURNS & MCDONNELL ENGINEERING, BURNS & MCDONNELL ENGINEERING shall furnish or obtain from others Additional Services of the following types which are not considered normal or customary Basic Services. The scope of Additional Services may include: 3.1.1 Grant and Loan Assistance Prepare applications and supporting documents for governmental grants, loans, or advances. 3.1.2 Financial Consultation Consult with CITY OF FAYETTEVILLE's fiscal agents and bond attorneys and provide such engineering data as required for any bond prospectus or other financing requirements. •1 •I •I 3.1.3 Furnishing renderings or models of the Projects for CITY OF FAYETTEVILLE's use. 3.1.4 Miscellaneous Studies • • Investigations involving detailed consideration of operations, maintenance, and overhead expenses, and the preparation of rate schedules, earnings, and expense statements; feasibility studies; appraisals and valuations; detailed quantity surveys of material, equipment, and labor; and audits or inventories required in connection with construction performed by CITY OF FAYETTEVILLE. 3.1.5 Separately Negotiated Services Any of the following services may be provided by BURNS & MCDONNELL under a separately negotiated agreement. 3.1.5.1 Consultations involving analyses and recommendations with regard to studies previously performed or undertaken by others for CITY OF FAYETTEVILLE which may have an overall effect on the operation, collection, treatment, and disposal methods for liquid and solid wastes, but which are not specifically included in the Scope of Work for Basic Services of this Agreement, including, but not limited to: BMcD Design and Bid Phase Agreement 052303 I• Li I• 1. I• I• 3.1.5.1.1 Comments, consultation, review, analysis, or completion of work contracted by others to perform water quality modeling of receiving streams or determination of effluent discharge requirements. 3.1.5.1.2 Negotiations among the CITY OF FAYETTEV1LLE, the State of Arkansas and the State of Oklahoma to determine and codify agreements on the acceptable loading or concentration of nutrients in the wastewater effluent discharged into the Illinois River drainage basin. 3.1.5.1.3 Negotiations between CITY OF FAYETTEVILLE and other Northwest Arkansas cities, regional authorities, or utility districts involving acceptable loading or concentration of nutrients in the wastewater effluent discharged into the White River drainage basin. 3.1.5.1.4 Comments, consultation, review, analysis, or development of a bio-solids disposal strategy for participation in either a commercial solution or in a regional disposal option. • • 3.2 Contingent Additional Services 3.2.1 If services described under Contingent Additional Services in Paragraph 3.2 are required due to circumstances beyond BURNS & MCDONNELL ENGINEERING's control, BURNS & MCDONNELL ENGINEERING shall notify CITY OF FAYETTEVILLE and request a formal agreement amendment approved by the Mayor and the City Council prior to commencing such services. If CITY OF FAYETTEVILLE deems that such services described in 3.2 are not required, CITY OF FAYETTEVILLE shall give prompt written notice to BURNS & MCDONNELL ENGINEERING. If CITY OF FAYETTEVILLE indicates in writing that all or part of such Contingent Additional Services are not required, BURNS & MCDONNELL ENGINEERING shall have no obligation to provide those services. 3.2.2 Providing services made necessary by the default of the CITY OF FAYETTEVILLE's contractors or consultants for the Program, by major defects or deficiencies in the Work of the contractors or consultants, or by failure of performance of the CITY OF FAYETTEVILLE or contractors or consultants under agreement for design or construction services. 052303 •1 SECTION 4- RESPONSIBILITIES OF CITY OF FAYETTEVILLE • CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of BURNS & • MCDONNELL ENGINEERING: 4.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Program. 4.2 Assist BURNS & MCDONNELL ENGINEERING by placing at BURNS & MCDONNELL ENGINEERING's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. BURNS & MCDONNELL ENGINEERING may reasonably rely on the accuracy and completeness of such information without independent verification or validation. 4.3 Guarantee access to and make all provisions for BURNS & MCDONNELL ENGINEERING to enter upon public and private property as required for BURNS & MCDONNELL ENGINEERING to perform his services under this Agreement. 4.4 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals, and other documents presented by BURNS & MCDONNELL ENGINEERING and render in • writing decisions pertaining thereto. 4.5 Provide such professional legal, accounting, financial, and insurance counseling services as may be required for the Program. 4.6 Designate in writing a person to act as CITY OF FAYETTEVILLE's representative with respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Program, and other matters pertinent to the services covered by this Agreement. 4.7 Give prompt written notice to BURNS & MCDONNELL ENGINEERING whenever CITY OF FAYETTEVILLE observes or otherwise becomes aware of any defect in the Program, change in needs, assumptions, constraints, plans, or otherwise affecting the efficient execution of the Program, or possibly requiring change to Program plans, scope, budget, or schedule. • •1 Si •I Si BMcD Design and Bid Phase Agreement 052303 5 I• IL • 4.8 Furnish approvals and permits from all governmental authorities having jurisdiction over the Program and such approvals and consents from others as may be necessary for completion of the Program. Pay directly to the governmental authorities the actual filing and permit fees after approvals are secured by BURNS & MCDONNELL ENGINEERING. I. 4.9 Furnish, or direct BURNS & MCDONNELL ENGINEERING to provide, necessary I• Additional Services as stipulated in Section 3 of this Agreement or other services as required. SECTION 5- PERIOD OF SERVICE 5.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder 5.2 This Agreement shall be applicable to all assignments authorized by CITY OF • FAYETTEVILLE and accepted by BURNS & MCDONNELL ENGINEERING subsequent to the date of its execution. All assignments authorized prior to the execution of this document, even if performed in whole or in part before the execution date, shall be governed by the terms and conditions of this Agreement. •5.3 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Program through completion of the services stated in the Agreement. BURNS & MCDONNELL ENGINEERING will proceed with providing the authorized services • immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the Scope of Services authorized and the time in which the services are to be completed. 1• 1• SECTION 6- PAYMENTS TO BURNS & MCDONNELL ENGINEERING 6.1 Compensation 6.1.1 Final Design Phase Services For the Scope of Services during the Final Design Phase described herein, CITY OF FAYETTEVILLE shall pay BURNS & MCDONNELL ENGINEERING the sum of the following: 6.1.1.1 For time expended by personnel, payment at the hourly rates indicated in the attached • "Schedule of Hourly Professional Service Billing Rates" Form BMR 903. Such rates • i. BMcD Design and Bid Phase Agreement 052303 include overhead and profit. The schedule is effective to January 1, 2004, and will be revised annually. 6.1.1.2 For normal computer usage, computer -aided drafting (CAD), telephone, fax, photocopy and mail services, a technology charge in accordance with the "Schedule of Hourly Professional Service Billing Rates" in effect at the time the service is provided. Specialty items are not included in the technology charge. For reproduction, printing and binding of documents, and vehicle and testing apparatus usage, amounts as determined from BURNS & MCDONNELL ENGINEERING's schedule of rates in effect at the time the service is provided. 6.1.2 Bidding Phase Services For the Scope of Services during the Bidding Phase described herein, CITY OF FAYETTEVILLE shall pay BURNS & MCDONNELL ENGINEERING the sum of the following: 6.1.2.1 For time expended by personnel, payment at the hourly rates indicated in the attached "Schedule of Hourly Professional Service Billing Rates" Form BMR 903. Such rates include overhead and profit. The schedule is effective to January 1, 2004, and will be revised annually. 6.1.2.2 For normal computer usage, computer -aided drafting (CAD), telephone, fax, photocopy and mail services, a technology charge in accordance with the "Schedule of Hourly Professional Service Billing Rates" in effect at the time the service is provided. Specialty items are not included in the technology charge. For reproduction, printing and binding of documents, and vehicle and testing apparatus usage, amounts as determined from BURNS & MCDONNELL ENGINEERING's schedule of rates in effect at the time the service is provided. 6.1.3 The total payment for the Basic Scope of Services described in Appendix A, Appendix B, and Appendix C is estimated to be Two Million Six Hundred Eighty-five Thousand Three Hundred Sixty-six Dollars ($2,685,366.00), but is not a guaranteed maximum. The total payment is based on expending no more than 18,067 person -hours. I1 AI •el • •I r •1 BMcD Design and Bid Phase Agreement 052303 6.1.4 Construction Phase Services This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Design Phase Services. 6.1.5 Post -Construction Phase Services This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Design Phase Services. 6.1.6 Resident Services During Construction This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Design Phase Services. 6.2 Statements Monthly statements, in BURNS & MCDONNELL ENGINEERING's standard format, will be submitted by BURNS & MCDONNELL ENGINEERING to CITY OF FAYETTEVILLE. Statements will be submitted covering services and expenses incurred during the preceding month. 6.3 Payments Statements are payable upon receipt and due within thirty (30) days. If a portion BURNS & MCDONNELL ENGINEERING's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise BURNS & MCDONNELL ENGINEERING in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 6.4 Final Payment Upon satisfactory completion of the services performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, BURNS & MCDONNELL ENGINEERING shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by BURNS & MCDONNELL ENGINEERING to be set forth therein or not capable of being reasonably discernable and liquidated at time of final payment. Unless otherwise IIt 052303 0I provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this • Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against BURNS & MCDONNELL ENGINEERING or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 7- GENERAL CONSIDERATIONS 7.1 Insurance 7.1.1 During the course of performance of these services, BURNS & MCDONNELL ENGINEERING will maintain (in United States Dollars) the following minimum insurance coverages: *I *I Type of Coverage Limits of Liability • Workers' Compensation Statutory Employers' Liability $500,000 Each Accident Commercial General Liability Bodily Injury and $1,000,000 Combined Single Limit . Property Damage Automobile Liability: Bodily Injury and $1,000,000 Combined Single Limit Property Damage Professional Liability Insurance $1,000,000 Each Claim BURNS & MCDONNELL ENGINEERING will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. 7.1.2 Consultants and construction contractors shall be required to provide (or CITY OF FAYETTEVILLE may provide) Owner's Protective Liability Insurance naming CITY OF FAYETTEVILLE as a Named Insured and BURNS & McDONNELL ENGINEERING as an additional insured, or, to endorse CITY OF FAYETTEVILLE and BURNS & McDONNELL ENGINEERING as additional insureds on any construction contractor's or consultant's liability insurance policies (except for Workmen's Compensation or professional liability policies) covering claims for personal injuries and property damage. Construction • *I •I •I 9I BMcD Design and Bid Phase Agreement 052303 • • contractors and consultants shall be required to provide certificates evidencing such insurance to CITY OF FAYETTEVILLE and BURNS & MCDONNELL ENGINEERING. 7.1.3 CITY OF FAYETTEVILLE and BURNS & MCDONNELL ENGINEERING waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of BURNS & MCDONNELL ENGINEERING's services. A provision similar to this shall be incorporated into all consultant and construction contracts entered into by CITY OF FAYETTEVILLE, and all consultants and construction contractors shall be required to provide waivers of subrogation in favor of CITY OF FAYETTEVILLE and BURNS & MCDONNELL ENGINEERING for damage or liability covered by any consultant's or construction contractor's policy of insurance. 7.2 Professional Responsibility 7.2.1 BURNS & MCDONNELL ENGINEERING will exercise reasonable skill, care, and diligence in the performance of BURNS & MCDONNELL ENGINEERING's services and will carry out its responsibilities in accordance with customarily accepted professional Program Management practices. If BURNS & MCDONNELL ENGINEERING fails to meet the foregoing standard, BURNS & MCDONNELL ENGINEERING will perform at its own cost, and without reimbursement from CITY OF FAYETTEVILLE, the professional Program Management services necessary to correct errors, omissions, or other deficiencies which are caused by BURNS & MCDONNELL ENGINEERING's failure to comply with above standard. CITY OF FAYETTEVILLE retains all other remedies to recover for its damages caused by any negligence of BURNS & MCDONNELL ENGINEERING. CITY OF FAYETTEVILLE acknowledges that BURNS & MCDONNELL ENGINEERING will use its best efforts to facilitate efficient evaluation of the Program, but cannot guarantee any or all Program goals regarding budget, schedule, or performance will be met. 7.2.2 In addition BURNS & MCDONNELL ENGINEERING will be responsible to CITY OF FAYETTEVILLE for damages caused by its negligent conduct during its activities at the Project Sites to the extent covered by BURNS & MCDONNELL ENGINEERING's Commercial General Liability and Automobile Liability Insurance policies as specified in Paragraph 7.1.1. BMcD Design and Bid Phase Agreement 052303 !1 7.2.3 7.2.4 7.2.5 7.2.6 7.2.6.1 7.2.6.2 In no event will BURNS & MCDONNELL ENGINEERING be liable for any special, indirect, or consequential damages including, without limitation, damages or losses in the nature of increased Program costs, Program delays, loss of revenue or profit, lost production, claims by customers or constituents of CITY OF FAYETTEVILLE, or for governmental fines or penalties. BURNS & MCDONNELL ENGINEERING's aggregate liability for all damages connected with its services for the Program not excluded by the preceding subparagraph, whether covered by insurance or not, will not exceed the compensation paid under this Agreement. The obligations and remedies stated in this Paragraph 7.2, Professional Responsibility, are the sole and exclusive obligations of BURNS & MCDONNELL ENGINEERING and are the exclusive remedies of CITY OF FAYETTEVILLE regardless of the cause of action pled including, without limitation, negligence of every character. CITY OF FAYETTEVILLE acknowledges that BURNS & MCDONNELL ENGINEERING will be interacting on behalf of CITY OF FAYETTEVILLE with all Program participants and stakeholders at a high level. This broad participation exposes BURNS & MCDONNELL to many potential risks and conflicts to participants and third parties that would otherwise remain with the CITY OF FAYETTEVILLE, if BURNS & MCDONNELL ENGINEERING's method had not been employed. CITY OF FAYETTEVILLE also recognizes the benefit of utilizing BURNS & MCDONNELL ENGINEERING as the obligations and responsibilities of BURNS & MCDONNELL ENGINEERING are not within the core competencies, or could not be provided by the current staff of, CITY OF FAYETTEVILLE. In addition to the protections provided in this Section 7.2 to entice BURNS & MCDONNELL ENGINEERING to offer the scope of services for the negotiated rates herein, CITY OF FAYETTEVILLE also will provide the following indemnification: CITY OF FAYETTEVILLE will indemnify, defend, and hold harmless BURNS & MCDONNELL ENGINEERING from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of CITY OF FAYETTEVILLE, of the Consultants, Contractors, or their employees, agents, Subcontractors, and Suppliers. CITY OF FAYETTEVILLE also agrees that it will require all Consultants, and construction Contractors to indemnify, defend, and hold harmless CITY OF BMcD Design and Bid Phase Agreement 052303 �I •I ••1 • FAYETTEVILLE and BURNS & MCDONNELL ENGINEERING from and against any • and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Consultants, the Contractors, or their employees, agents, Subcontractors, and Suppliers. • 7.2.6.3 Should these inderrmification provisions of 7.2.6 above be found to be, in whole or in part unenforceable, it shall be reformed to conform to law and to accomplish, to the greatest extent possible, their original intent or outcome, consistent with the law. 7.3 Cost Opinions and Projections Cost opinions and projections prepared by BURNS & MCDONNELL ENGINEERING relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on BURNS & MCDONNELL ENGINEERING's experience, qualifications, and judgment as a Program Manager. Since BURNS & MCDONNELL ENGINEERING has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction e • Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, BURNS & MCDONNELL ENGINEERING does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by BURNS & MCDONNELL • ENGINEERING. 7.4 Changes CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of BURNS & • MCDONNELL ENGINEERING's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the President or any Vice President of BURNS & MCDONNELL ENGINEERING. i 7.5 Termination 7.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event • of substantial failure by the other party to fulfill its obligations under this Agreement through • no fault of the terminating party, provided that no termination may be effected unless the other party is given: • BMcD Design and Bid Phase Agreement 052303 7.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.5.1.2 An opportunity for consultation with the terminating party prior to termination. 7.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that BURNS & MCDONNELL ENGINEERING is given: 7.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.5.2.2 An opportunity for consultation with the terminating party prior to termination. 7.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 7.5.3.1 No amount shall be allowed for anticipated profit on unperformed services, 7.5.3.2 Any payment due to BURNS & MCDONNELL ENGINEERING at the time of • a termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of BURNS & MCDONNELL ENGINEERING's default. 7.5.4 If termination for default is effected by BURNS & MCDONNELL ENGINEERING, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment for any termination shall provide for payment to BURNS & MCDONNELL ENGINEERING for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by BURNS & MCDONNELL relating to commitments which had become firm prior to the termination. 7.5.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 above, BURNS & MCDONNELL ENGINEERING shall: 7.5.5.1 Promptly discontinue all affected services (unless the notice directs otherwise), 7.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, cost opinions, summaries and such other information and BMcD Design and Bid Phase Agreement 052303 • I. 1• materials as may have been accumulated by BURNS & MCDONNELL in performing this Agreement, whether completed or in process. 7.5.6 Upon termination under Paragraphs 7.5.1 or 7.5.2 above CITY OF FAYETTEVILLE may take over the service and may award another party an agreement to complete the services under this Agreement. 7.5.7 If, after termination for failure of BURNS & MCDONNELL ENGINEERING to fulfill contractual obligations, it is determined that BURNS & MCDONNELL ENGINEERING had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the Agreement price shall be made as provided in Paragraph 7.5.4 of this clause. 7.6 Delays 0 #• I• In the event the services of BURNS & MCDONNELL ENGINEERING are suspended or delayed by CITY OF FAYETTEVILLE, or by other events beyond BURNS & MCDONNELL ENGINEERING's reasonable control, BURNS & MCDONNELL ENGINEERING shall be entitled to additional compensation for reasonable costs incurred by BURNS & MCDONNELL ENGINEERING in temporarily closing down or delaying the Program, including any extended overhead. 7.7 Rights and Benefits BURNS & MCDONNELL ENGINEERING's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. • 7.8 Dispute Resolution Is I• CI 7.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and BURNS & MCDONNELL ENGINEERING which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or BURNS & MCDONNELL ENGINEERING in the performance of this Agreement, and disputes concerning payment. 7.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 7.8.3, but an action is initiated prior to exhaustion r BMcD Design and Bid Phase Agreement 052303 • of these procedures, such action shall be stayed, upon application by either party to a court of • proper jurisdiction, until the procedures in Paragraphs 7.8.3 and 7.8.4 have been complied with. 7.8.3 Notice of Dispute 7.8.3.1 For disputes arising prior to the malting of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice; 7.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give BURNS & MCDONNELL ENGINEERING written Notice at the address listed in Paragraph 7.14 within thirty(30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 7.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and BURNS & MCDONNELL ENGINEERING shall confer in an effort • t to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of BURNS & MCDONNELL ENGINEERING and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed S upon within 30 days of the written request to resolve the dispute. 7.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to BURNS & MCDONNELL ENGINEERING for services rendered by BURNS & MCDONNELL ENGINEERING. 7.10 Publications Recognizing the importance of professional development on the part of BURNS & MCDONNELL ENGINEERING's employees and the importance of BURNS & MCDONNELL ENGINEERING's public relations, BURNS & MCDONNELL ENGINEERING may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to BURNS & MCDONNELL ! ENGINEERING's services for the Program. Such publications will be provided to CITY OF • FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF BMcD Design and Bid Phase Agreement 052303 4 • • r • FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to BURNS & MCDONNELL ENGINEERING. CITY OF FAYET7'EVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of BURNS & MCDONNELL ENGINEERING's activities pertaining to any such publication shall be for BURNS & MCDONNELL ENGINEERING's account. 7.11 Indemnification 7.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and BURNS & MCDONNELL ENGINEERING from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Consultants or Contractors, or their employees, agents, Subcontractors, and Suppliers. 7.12 Computer Models BURNS & MCDONNELL ENGINEERING may use or modify BURNS & MCDONNELL ENGINEERING's proprietary computer models in service of CITY OF FAYETTEVILLE under this Agreement, or BURNS & MCDONNELL may develop computer models during BURNS & MCDONNELL ENGINEERING's service to CITY OF FAYETTEVILLE under this Agreement. Such use, modification, or development by BURNS & MCDONNELL ENGINEERING does not constitute a license to CITY OF FAYETTEVILLE to use or modify BURNS & MCDONNELL ENGINEERING's computer models. Said proprietary computer models shall remain the sole property of BURNS & MCDONNELL ENGINEERING. CITY OF FAYETTEVILLE and BURNS & MCDONNELL ENGINEERING will enter into a separate license agreement if CITY OF FAYETTEVILLE wishes to use BURNS & MCDONNELL ENGINEERING's computer models. 7.13 Ownership of Documents All documents provided by CITY OF FAYETI'EVILLE including original drawings, disks of CADD drawings and cross sections, cost opinions, specification field notes, and data are and remain the property of CITY OF FAYETTEVILLE. BURNS & MCDONNELL ENGINEERING may retain reproduced copies of drawings and copies of other documents. BMcD Design and Bid Phase Agreement 052303 •1 Engineering documents, drawings, and specifications prepared by BURNS & MCDONNELL ENGINEERING as part of the Services shall become the property of CITY OF FAYETTEVILLE when BURNS & MCDONNELL ENGINEERING has been compensated for all Services rendered, provided, however, that BURNS & MCDONNELL ENGINEERING shall have the unrestricted right to their use. BURNS & MCDONNELL ENGINEERING shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of BURNS & MCDONNELL ENGINEERING. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. BURNS & MCDONNELL ENGINEERING makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 7.14 Notices Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: City of Fayetteville. Arkansas 113 West Mountain Street Fayetteville, AR 72701 BURNS & MCDONNELL ENGINEERING's address: Burns & McDonnell Engineering eering Co., Inc. 9400 Ward Parkway Kansas City. MO 64114 7.15 Successor and Assigns CITY OF FAYETTEVILLE and BURNS & MCDONNELL ENGINEERING each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor BURNS & MCDONNELL ENGINEERING shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. BMcD Design and Bid Phase Agreement 052303 • •I J r1 �I • 0I •I •I I• • [] I. 7.16 Controlling Law This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 7.17 Entire Agreement This Agreement represents the entire Agreement between BURNS & MCDONNELL ENGINEERING and CITY OF FAYETTEVILLE relative to the Scope of Services herein. All previous or contemporaneous agreements, representations, promises, and conditions relating to BURNS & MCDONNELL ENGINEERING's services described herein are superseded. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to BURNS & MCDONNELL ENGINEERING a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by BURNS & MCDONNELL ENGINEERING, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 8- SPECIAL CONDITIONS 8.1 Additional Responsibilities of BURNS & MCDONNELL ENGINEERING: 8.1.1 CITY OF FAYETTEVILLE's or Arkansas Soil and Water Conservation Commission's (ASWCC's) review, approval, or acceptance of design drawings, specifications, reports and other services famished hereunder shall not in any way relieve BURNS & MCDONNELL ENGINEERING of responsibility for performance to the required standard of care. Neither CITY OF FAYETTEVILLE's nor ASWCC's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 8.1.2 BURNS & MCDONNELL ENGINEERING shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE to the extent caused by BURNS & MCDONNELL ENGINEERING's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. BMcD Design and Bid Phase Agreement 052303 •1 8.1.3 BURNS & MCDONNELL ENGINEERING's obligations under this clause are in addition to • BURNS & MCDONNELL ENGINEERING's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against BURNS & MCDONNELL ENGINEERING for faulty materials, equipment, or services. 8.2 Remedies Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and BURNS & MCDONNELL ENGINEERING arising out of or relating to this Agreement or the breach thereof will be decided in a court'of competent jurisdiction within Arkansas. 8.3 Audit: Access to Records •1 01 8.3.1 BURNS & MCDONNELL ENGINEERING shall maintain books, records, documents and other evidence directly pertinent to performance of services under this Agreement in accordance with generally accepted accounting principles and practices consistently applied • in effect on the date of execution of this Agreement. BURNS & MCDONNELL ENGINEERING shall also maintain the financial information and data used by BURNS & MCDONNELL ENGINEERING in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF • FAYETTEVILLE a copy of the cost summary submitted. The United States Environmental Protection Agency, the Comptroller General of the United States, the United States Department of Labor, CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. BURNS & MCDONNELL ENGINEERING will provide proper facilities for such access and inspection. 8.3.2 Records under Paragraph 8.3.1 above, shall be maintained and made available during performance of services under this Agreement and until three years from the date of final payment for the Program. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. • BMcD Design and Bid Phase Agreement 052303 0 10 • 8.3.3 This right of access clause (with respect to financial records) applies to: 8.3.3.1 Negotiated prime agreements: 8.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 1• 8.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after � effective price competition, except: 8.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of BURNS & MCDONNELL ENGINEERING; I• 8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 8.3.3.3.3 If the subagreement is terminated for default or for convenience. IF • 8.4 Covenant Against Contingent Fees BURNS & MCDONNELL ENGINEERING warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, • percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by BURNS & MCDONNELL ENGINEERING for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract • price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 8.5 Gratuities • 8.5.1 If CITY OF FAYETTEV ILLE finds after a notice and hearing that BURNS & MCDONNELL ENGINEERING or any of BURNS & MCDONNELL ENGINEERING's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or • otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, the State or • EPA in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF I & BMcD Design and Bid Phase Agreement 052303 •1 FAYETTEVILLE may, by written notice to BURNS & MCDONNELL ENGINEERING • terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 8.5.2 In the event this Agreement is terminated as provided in Paragraph 8.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against BURNS & MCDONNELL ENGINEERING as it could pursue in the event of a breach of the Agreement by BURNS & MCDONNELL ENGINEERING. As a penalty, in addition to any other damages to which it may be entitled by law, in the event BURNS & MCDONNELL ENGINEERING knowingly and intentionally committed such an act in a direct attempt to harm the CITY OF FAYETTEVILLE, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs BURNS & MCDONNELL ENGINEERING incurs in providing any such gratuities to any such officer or employee. 8.6 Arkansas Freedom of Information Act • CITY OF FAYETTEVILLE contracts and documents prepared while performing CITY OF FAYETTEVILLE contractual services are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, BURNS & MCDONNELL ENGINEERING will provide reasonable response to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed to the CITY OF FAYETTEVILLE for this compliance. Any BURNS & MCDONNELL ENGINEERING time and expense required to comply shall be an additional cost. 8.7 Debarment And Suspension I certify that to the best of my knowledge and belief that the company that I represent and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil • judgement rendered against them for commission of fraud or a criminal offense in connection J 0I 7 Li •1 &I •1 BMcD Design and Bid Phase Agreement 052303 � with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, malting false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000. DEBARMENT CERTIFICATION AUTHORIZED REPRESENTATIVE COMPANY NAME: BURNS & MCDONNELL ENGINEERING COMPANY. INC. SIGNATURE: TITLE: BMcD Design and Bid Phase Agreement 052303 • IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and • BURNS & MCDONNELL ENGINEERING, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYET FEVILLE, ARKANSAS By: • Mayor ATTEST: By: City Clerk • BURNS & MCDONNELL ENGINEERING CO., INC By: • Title: President, Infrastructure Groun By: Title: Project Manager • • Changes, modifications or amendments in scope, price or fees to this Agreement shall not be allowed without formal agreement amendment approved by the Mayor and the • City Council in advance of the change in scope, cost, fees, or delivery schedule. END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES � • Ll BMcD Design and Bid Phase Agreement 052303 0 I • • t • • FAYETTEVILLE ARKANSAS WASTEWATER SYSTEM IMPROVEMENT PROJECT Burns & McDonnell Program Management Toam •. Program Manager 17.50 3,028 I $ 128.00 I $ 387,520 $ 24,220 Project Engineer -Collection System 14.80 2.560 $ 115.50 $ 295,726 $ 20,483 Project E Ineer-W WTPs 20.70 3,581 $ 105.50 $ 377,806 $ 28,649 Permitting Specialist 2.56 443 $ 132.50 $ 58,682 $ 3,543 Permitting Staff 5.25 908 $ 105.50 $ 95,820 $ 7,266 Construction Manager 1.92 332 $ 128.00 $ 42,496 $ 2,656 Treatment Process Consultant 4.67 808 $ 128.00 $ 103,424 $ 6,464 Treatment Process Staff 4.88 840 $ 89.00 $ 74,760 $ 6,720 Scheduler 1.13 195 $ 115.50 $ 22,579 $ 1,564 Web Maintenance 0.26 45 $ 74.00 $ 3,329 $ 360 Public Involvement Specialist 1.14 197 $ 97.00 $ 19,130 $ 1,578 Clerk 4.10 709 $ 45.00 $ 31,919 $ 5,674 VE, Process 1.02 176 $ 178.75 $ 31,542 $ 1,412 VE, Electrical 0.56 97 $ 132.50 $ 12,837 $ 775 VE, Pipe 0.56 97 $ 143.00 $ 13,854 $ 775 Design Review Team 4.16 720 $ 105.50 $ 75,960 $ 5,760 Subtotal, Estimated Labor 85.19 14,737 - $ 1,647,383 $ 117,899 Value Engineering Subcontract $ 451,252 Other Direct Expenses Travel Expenses $ 37,522 Mlsoellaneous Expenses $ 3,300 Technology Charge $ 117,899 Subtotal, Estimated Expenses $ 609,973 ta.4.-raii Summary Pre -Design Phase Costs, percent of total program $336,881 - 0.3% Design Phase Costs, percent of total program $2,257,356 = 1.8% Bidding Phase Costs, percent of total pmgam $428,010 = 0.3% 11-411 .. 1 ] 1 1 1 • FAYETTEVILLE ARKANSAS • WASTEWATER SYSTEM IMPROVEMENT PROJECT • Burns & McDonnell Prog rem Management Team BIDDING PHASE ESTIMATE OF COSTS Program Manager 7.30 1,263 $ 128.00 I $ 161,651 $ 10,103 Project Engineer -Collection System 5.90 1,021 $ 115.50 $ 117,891 $ 8,166 Project Engineer-WWTPs 3.90 675 $ 105.50 $ 71,181 $ 5,398 Scheduling Specialist 0.85 147 $ 115.50 $ 16,984 $ 1,176 Clerk 1.30 225 $ 45.00 $ 10,121 $ 1,799 Subtotal, Estimated Labor 19.25 3,330 $ 377,828 $ 26,642 • Other Direct Expenses Travel Expenses $ 22,440 Miscellaneous Expenses $ 1,100 Technology Charge $ 26,642 Subtotal, Estimated Expenses $ 50,182 • r • • a • • BMR903 rate Design and Bid Fea.xh 10/17/02 • • A V O N Vl O O O V r r C,. N • S S 0000 N S 0000 • op o 000ya� N S 0000 O a O O O O O O Ip..I. 0000 6 a a a a a y F coo 00'8'8 000 0000 ' • 00000 a 000 S0 00'8'8 0 eo 0000 3ss'sSPAGS88 g - c00000000000 0 S38��g SooSS do.-oo0 00000 • S�goo Gags 00-00 0000 00000000000 0 6 6 6 60 0066 e 0000 • oocdooO.-0000 U• 0000000�coco 0 0 sR8�i2i ooS'Fj 00000 000° a w 66,000000Qa W • OO. 060000000 O i� W# a4. aa0 a', 0m8o'B0 • a 3 ol�0000 66.-6660 666=0 g'80 6i 0 0 � e 0 0 0 6560 0 . o 6n8'Ri 60 00 y� C < 66 -So 6600 O L H OY q pn0�17N00000t'n`I ci •. 3 b W o O. o 0 o o. o o 0 o C S Wa 88$x$5 S'o8N so .p. 000 q0 0000��0 88 8 e g s f 9 y0 0 Nm r r V O o O 0000000 O I $88RS$ S'sgnn" 0 0 0 0 0000000 S8SRSS060N S" •, o prOo o0 000060 o0co{� e 882R8 O N 8 6 O O= N N 0-006 O O O O o a 88.06. r. 00nR n= .-. 0 o 00 0 6 0 o o o o o 00 rr.00g �o000 0000 E • - 9inl9ic�i 868n i C O o o O 0000 E U . luhilli liii p pct ti a?' 3i:� �oo oo_ as 00UU • 00 00- : 00 00 or-noo F qE 00000 W O O O O N N- • 1 H 0D0o900 0.' 00000 a u 4 000110 Z a . N n to - 0 QN W D 0 0 0 0 0 QQ o Y� i yyW 00 0o a - O� o of o0 00 w�y a o a n n 0 r • • o 0 ad - ad _ n,o N C m O O- 0 4 h N 0 0 'Ott, ≤ i w o c LU 0 r c O O N O L3 N t7 O c • D 0 0 0 0- 3m - 3 �0 000— N N O O o O O O o O O O • E LL O Ra Yc A==N i Wr W m o S m $ 22 Q fi o 666D10 I0 r Schedule of Hourly Professional Service Billing Rates Position Clessifcatlon Hourly Classification level Billing Rate • Genwal Olt 5 71500 Td.Yim' 6 317.50 AMLWrt 7 15510 e {71m B $6010 • Sur 10 segm 11 f07m 5ttd0r 12 $torm 17 $11510 Aucdan 14 $12$1.00 15 $10210 • • PM1tdpgl 1e 511210 17 $145.00 Mole I. Pwpa'dMNCOMM bIW above nM b On any.We.O0 dvipnl.n eyt. S wrw1ae wurpwmWm Fw evOb. 'Anotl-7 tv t.:.t. rwu b ..dA post.. n"ft- ndse £r#s : 'Sub Amdabt,'t 2. The Ivey nm. s..n ar. .. WUA. ti -eb @rouh Dna.r 31. 23. a... utjd b rwwbn 6 r., ,_.,...,a ,...n..S b poWr. n.,W *th snnSSkfl.on MR. wtS cue ..Luny bbwbmng.ndetvn 4. t.$led $...pert by owpwb oleo. N In bl0 W u 5n plbdDtl abe (Lnu 17) per TS to .eK 5 For ante npam bse.d by Burs $ bmweea eua m eud..tW fAt aid nasa. e d 1w.waa. ..loco a odre such n maowbedae. b tded del pry Ibe oos b Bust $ Mtcfwed pS 10% 6 Alath .dem Nug.d5625 pw WwlwNYbW tw..m.1 o ,p. try.. owptw .bed Owq (CAMWW* wt Dt.bop7libmd.wNrr 3, M7 bps w nw b&jm b o. bdedeg7 dmp. 7. nwCy .nob.. M be vAn*W br pq+.u.,t oo wgpi .sNo1 f upw.0 twig M pmndeq moMR bubo n w. 14wh ms A We pe/met warp Olin pw .mm .a M sd0ab b d snout rd pod .Wn 00"019. b...be dam. CITY OF FAYETTEVILLE AGREEMENT FOR PROFESSIONAL PROGRAM MANAGEMENT SERVICES APPENDIX A - SCOPE OF SERVICES FOR FINAL DESIGN PHASE This is Appendix A, consisting of 4 pages, referred to in and part of the Agreement For Professional Program Management Services between City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and Bums & McDonnell Engineering Company, Inc. (BURNS & MCDONNELL ENGINEERING) dated Initial: CITY OF FAYETTEVILLE BURNS & MCDONNELL The following contains additional Scope of Services for the Final Design Phase. Generally, the project will include the Program Management Services for the Design Phase for the Fayetteville Wastewater System Improvement Project which consists of design of the new West Side Wastewater Treatment Plant; the West Side Collection System Improvements; the Rehabilitation and Improvements to the Paul R. Noland Wastewater Treatment Plant; the East Side Collection System Improvements; and Program -wide permitting services, provided by McGoodwin, Williams, and Yates; RUN Group; Black & Veatch; Garver Engineers; and ECO, Inc., respectively (Consultants). The Scope of Services described herein is based on the preliminary project schedules submitted by the Consultants and as such, shall be considered to span the 23 -month design period of the entire program, and shall not exceed 23 months from the date of the written authorization of this Agreement. PART A - PROGRAM ADMINISTRATION AND MANAGEMENT Program Administration a) Perform project initiation activities. b) Perform general administration and program management activities consisting of consulting with and advising CITY OF FAYETTEVILLE, receiving and reviewing design deliverables from the Consultants, and communicating to CITY OF FAYETTEVILLE recommendations for directions to and decisions by the Consultants. c) Review and comment on draft Design Phase and Bidding Phase Professional Services Agreements submitted for approval to CITY OF FAYETTEVILLE by the Consultants. d) Assist City in negotiation of Design Phase and Bidding Phase Professional Services Agreements with the Consultants. e) Implement appropriate program control procedures including budgeting, scheduling, and quality control activities. U Prepare monthly written Program Progress Reports to City. g) Develop and maintain program web site (see Appendix C). h) Maintain contact with Arkansas Soil and Water Conservation Commission (ASWCC). 2. Program Management a) Monitor Consultants' compliance with the respective design agreements and report findings to CITY OF FAYETTEVILLE. b) Monitor Consultants' progress and report findings to CITY OF FAYETTEVILLE. c) Receive, review, and comment on Consultants' updated project schedules. d) Consolidate Consultants' accepted schedules and develop into a Program Schedule covering the design period, construction documents preparation, construction of improvements, and post -construction period. e) Cost load the schedule, based on program activities, for cash flow and spending plan analysis. f) Monitor and update the Master Schedule to reflect design schedule changes. Benchmark the program schedule and update based on actual progress of activities. BMcD Appendix A Final Appendix A • C • L I. I. L I• • I• i. I. 1. • g) Recommend to CITY OF FAYETTEVILLE the construction packaging and sequence of bidding and construction. h) Recommend changes to CITY OF FAYETTEVILLE for design or construction packaging to maintain Program Schedule. i) Maintain and distribute accepted schedule updates. j) Receive, review and comment on updated construction cost opinions provided by the Consultants. k) Consolidate Consultants' construction cost opinions into an overall Program Budget, including design, construction, and management 1) Update and report the Program Budget to CITY OF FAYETTEVILLE. m) Update the Program Budget as the plans reach the contract document stage and advise CITY OF FAYETTEVILLE if it appears that the construction may exceed the Program Budget n) Prepare and furnish to CITY OF FAYETTEVILLE periodic updated cash flow projections. 3. Meetings a) Schedule and conduct monthly a combined one -day progress meeting in Fayetteville with City staff and each Consultant beginning one month after written Authorization of this Agreement and continuing through the completion of the Design Phase portion of the Program (anticipated to be within 23 months of the written Authorization). When possible, the meetings will be scheduled on dates which coincide with other progress; coordination; or conference meetings being conducted during the Design Phase of the Program. A total of 23 monthly progress meetings is anticipated. b) Schedule and conduct within 30 days of written Authorization of this Agreement a combined one -day project kickoff meeting in Fayetteville with the Consultants, CITY OF FAYETTEVILLE staff, and BURNS & MCDONNELL ENGINEERING. c) Meet with Arkansas DEQ, AHTD, and DOH to assist in obtaining permits for construction of projects. A total of three meetings is anticipated. d) Prepare for and attend periodic City Council meetings to report progress and to address concerns and questions of the Council. Up to four meetings are anticipated and will be scheduled at the request of CITY OF FAYETTEVILLE. PART B — DESIGN COORDINATION 1. Design Reviews a) The Program Management Team will call for and conduct reviews of the Consultants' designs at appropriate intervals throughout the design period of each construction package. During the Initial Design Reviews, BURNS & MCDONNELL ENGINEERING will assess the designers' progress to date, their compliance with the Design Criteria and Standards, and if CITY OF FAYETTEVILLE's concept for the facilities is being met. During the Intermediate and Final Reviews, BURNS & MCDONNELL ENGINEERING will continue the methodology established for the initial reviews, but additionally will check to see if previous comments have been considered and incorporated into the design. At the Final Review, the emphasis will be on whether the project is ready to be advertised for bidding. BURNS & MCDONNELL ENGINEERING will make a review of each Project Manual prepared before being released for bidding. The emphasis will be on whether CITY OF FAYETTEVILLE's and ASWCC's requirements have been met. b) Design reviews conducted by the Program Manager will not supplant the Consultants' own internal or external quality control procedures or design reviews. The Consultants shall be responsible for every aspect of the designs provided to Cfi Y OF FAYETTEVILLE. c) Design Reviews are independent of the Value Engineering Studies being conducted at approximately the same time as the initial design reviews. d) It is anticipated in this Agreement that Consultants will print five copies of their work to date for each design review milestone for each construction package and submit them to BURNS & MCDONNELL ENGINEERING for review and comment at the following intervals: 1) Initial Design Reviews will be conducted on each package at the approximate 25 percent to 30 percent completion level and where practicable, will be conducted during BMcD Appendix A Final Appendix A approximately the same time period as, but independent of, the Value Engineering Studies. A total of 17 Initial Design Reviews is anticipated. 2) Intermediate Design Reviews will be conducted on the West Side Treatment Plant, the Noland Treatment Plant Solids Handling package, and the Noland Treatment Plant Headworks Modifications package at approximately the 60 percent completion level. A total of three Intermediate Design Reviews is anticipated. 3) Final Design Reviews will be conducted on each package at the approximate 95 percent completion level. A total of 17 Final Design Reviews is anticipated. 2. Procurement Coordination a) Using criteria and specifications furnished by the design Consultants, BURNS & MCDONNELL ENGINEERING will assemble procurement documents for purchase of large pumps by CITY OF FAYETTEVILLE. This procurement contract is intended to maximize uniformity of pumping equipment and to minimize spare parts and maintenance training. Receipt, installation, and start-up of the pumps shall be included in the various construction contracts prepared by the design consultants for the Fayetteville Wastewater System Improvements Project. b) BURNS & MCDONNELL ENGINEERING will review and comment on procurement documents prepared by the Consultants for other advanced purchase items by CITY OF FAYETTEVILLE. It is anticipated that one procurement contract for all belt filter presses to be used at the West Side facility and at the Noland facility will be prepared by Black & Veatch Corporation for purchase by CITY OF FAYETTEVILLE and the equipment purchase order assigned to construction contractor. 3. RLF Requirements a) Using data furnished by the Consultants, assemble a list of tax exempt equipment for each project and request certification from Arkansas Department of Environmental Quality NPDES Branch and Arkansas Department of Finance and Administration. Provide certifications to Consultants for inclusion in Project Manuals. b) Assist City in submitting Site Certificates (RLF-5 1) attesting that all land for construction has been obtained. 4. Value Engineering a) Provide Value Engineering Studies and planning sessions for each of the four major projects of the program. It is anticipated that one 4 -day and one 5 -day workshop each will be conducted for the existing Noland Treatment Plant projects and for the new West Side Treatment Plant and their ancillary projects. One 5 -day workshop each will be conducted for the West Side Collection System and Pumping Station Improvements and for the East Side Collection System and Pumping Station Improvements. b) The initial workshop for each of the four major projects will be conducted at the "design memorandum" level of completion of the project. The Preliminary Design Reports already prepared by the Consultants during the Pre -Design Phase of the Program will be sufficient to commence initial workshops. Workshops are anticipated to be conducted in Fayetteville within four weeks of written Authorization of this Agreement for the Eastside Collection System, within six weeks of written Authorization for the West Side WWTP, within eight weeks of written Authorization for the West Side Collection System, and within 12 weeks of written Authorization for the Noland WWTP. Calendar dates for each workshop will be recommended to CITY OF FAYETTEVILLE within 14 days of written Authorization of this Agreement and forwarded to Consultants. c) Additional workshops will be conducted at an approximate "30 percent" completion level for only the West Side WWTP and the Noland WWTP projects. The 30 percent completion level is defined as when consultants reach a point where their respective designs are at a system level, i.e., systems are defined; selected; and laid out, but not designed; detailed; nor dimensioned, process flow diagrams, P&IDs, and preliminary sketches are prepared, concepts are formulated, unit costs and life cycle costs have been approximated, and pump types have been selected. Workshops are anticipated to be conducted in Fayetteville within 18 weeks of written Authorization of this Agreement for the West Side WWTP, and within 24 weeks of BMcD Appendix A Final Appendix A ••I • SI 'I •I I1 • • written Authorization for the Noland WWTP. Calendar dates for each workshop will be recommended to CITY OF FAYETTEVILLE within 14 days of written Authorization of this • Agreement and forwarded to Consultants. d) Value Engineering Studies are independent of the design reviews that may be conducted at approximately the same time as the Value Engineering Studies. 5. Permitting Facilitation a) Develop a "permitting process" that includes interim and final milestones for permit • acquisition; integrate the process into the overall schedule and the schedule for the design of each project. b) Coordinate with each design consultant responsible for preparation and development of part or all of a permit application to be submitted to a state or federal agency to determine their perceived plan and schedule for future action. c) Coordinate and facilitate permit application development, submission, and review and . participate in negotiations with each permitting agency and the consultant responsible for the specific permit. d) Coordinate and facilitate the "permitting process" with the consultant responsible for the specific permit; establish a single point of contact with each consultant to coordinate permit application preparation including required studies, analyses, and evaluations by each consultant. e) Identify or establish a single point of contact with each state or federal agency from which a • permit will be required; monitor the permit process monthly (or other appropriate interval) or as required with the agency. f) Monitor the overall progress of each Consultant with permit responsibility; report periodically to CITY OF FAYETTEVILLE concerning the permitting process activities relative to the established milestones and design schedules for each project; provide recommendations to CITY OF FAYETTEVILLE for change if required to maintain overall design schedule. • • g) Coordinate and facilitate the "permitting process" so that a smooth transition occurs between the design and construction phases of the Program. h) Assumptions: 1) Consultants responsible for permitting will be sufficiently competent to obtain the permits required. 2) The Arkansas Department of Environmental Quality will ultimately be able to complete • successful negotiations with CITY OF FAYETTEVILLE, with the Beaver Water District, and with the State of Oklahoma to allow the new West Side Wastewater Treatment Facility to be permitted; discharge limits will be obtainable under normal design considerations. 3) There will be no legal action, injunction or other measures taken by interested parties that would temporarily or permanently halt design or construction, or preclude operation of • the facility. 4) If excessive seepage problems are found to occur or dewatering activities are projected to be required during construction, a separate National Pollutant Discharge Elimination System (NPDES) permit may be required; the potential for this permit should be recognizable during design. END OF DOCUMENT • BMcD Appendix A Final Appendix A S CITY OF FAYETTEVILLE AGREEMENT FOR PROFESSIONAL PROGRAM MANAGEMENT SERVICES APPENDIX B - SCOPE OF SERVICES FOR BIDDING PHASE This is Appendix B, consisting of 2 pages, referred to in and part of the Agreement For Professional Program Management Services between City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and Bums & McDonnell Engineering Company, Inc., (BURNS & MCDONNELL ENGINEERING) dated Initial: CITY OF FAYETTEVILLE BURNS & MCDONNELL ENGINEERING The following is the Scope of Services for the Bidding Phase. Generally, the Bidding Phase of the Program will begin immediately after the bidding documents for the first construction project are completed and printed by others for distribution and will end upon BURNS & MCDONNELL ENGINEERING's final presentation to CITY OF FAYETTEVILLE of a recommendation for award of the last construction contract. Based on the Consultants' preliminary S schedule, the Bidding Phase for the first construction project of the Program is anticipated to start as early as within three months of the written Authorization of this Agreement and will conclude with the last construction project of the Program approximately 24 months following written Authorization of this Agreement. It is anticipated that the overall Program will consist of a maximum of 17 project bidding packages. This Scope of Services is based on providing Bidding Phase services for each project spanning a two- to'three-month period immediately following completion of each project's bidding documents. It is • acknowledged that bidding and construction of some packages may be intentionally delayed after completion of design to take advantage of a more favorable construction environment at a future date or due to delays by others in completion of the designs. In the event that bidding of individual packages is delayed beyond the presently anticipated dates, BURNS & MCDONNELL ENGINEERING will request reconsideration of the scope and compensation for providing Bidding Phase Services. PART A — BIDDING ASSISTANCE Program Administration a) Perform general administration and program management activities. b) Prepare monthly written Program Progress Reports to CITY OF FAYETTEVILLE. c) Maintain program web site (see Appendix C). d) Maintain contact with Arkansas Soil and Water Conservation Commission (ASWCC). e) Review, track, and recommend payment of Consultants' invoices to CITY OF FAYETTEVILLE. I) Monitor and update the Master Schedule to reflect schedule changes. g) Update and report the Program Budget to CITY OF FAYETTEVILLE. h) Update the Program Budget as the construction contracts are awarded and advise CITY OF FAYETTEVILLE if it appears that the construction may exceed the Program Budget. i) Prepare and furnish to CITY OF FAYETTEVILLE periodic updated cash flow projections. 2. Advertisement. Assist CITY OF FAYETTEVILLE in placing timely and properly worded advertisements for bids for construction packages in publications and media as required by CITY OF FAYETTEVILLE ordinances and the Revolving Loan Fund (RLF): 3. Pre -Bid Conference. Arrange for and conduct Pre -Bid Conferences. Summarize for prospective • bidders the conditions of the bidding documents and the work to be completed under the BMcD Appendix B Final Appendix B , I• • individual construction projects and how it affects the overall Program. Answer bidders' questions only where a specific reference can be made to the bidding documents. 4. Clarifications and Modifications. Receive bidders' questions before, during, and after the Pre -Bid Conferences and formulate replies to be issued by addendum by the Consultants. Only revisions to bidding documents will be issued by addendum and questions already sufficiently answered in the bidding documents will not be addressed in the addenda. Minutes of the Pre -Bid Meeting containing a log of questions received will be prepared and issued to all attendees. The minutes will contain responses to the questions where reference to a specific specification requirement can be made or when a specification requirement will be changed by addendum. The minutes of the Pre -Bid Meetings will not be issued by addendum nor become a part of the Bidding Documents. 5. Addenda. Receive, review, and recommend approval of all addenda prepared by the Consultants before issuance to planholders by others. 6. Cost Opinions. Receive the Consultants' Final Opinion of Probable Construction Costs, review and recommend revisions where necessary, and submit to CITY OF FAYETTEVILLE before opening of bids. 7. Bid Opening. Attend bid openings and assist with receipt and opening of bids if requested by CITY OF FAYETTEVILLE. Prepare bid tabulation forms and issue to all bidders if requested by CITY OF FAYETTEVILLE. 8. Evaluation. Evaluate the bids received and the low bidder's qualifications and make written recommendation to CITY OF FAYETTEVILLE for award of the contracts. 9. Committee Presentation. Attend Water and Sewer Committee meeting and CITY OF FAYETTEVILLE City Council meeting to recommend action by the bodies. Provide justification for making award and respond to questions from committee and Council. 10. State and Other Submittals. Assist CITY OF FAYETTEVILLE in making pre -bid and post -bid submittals to ADEQ and ASWCC as required by conditions of RLF. Assist cm' OF FAYETTEVILLE in notifying Department of Labor, Safety Division, of award of contracts that involve trench or excavation safety systems. 11. Meetings. a) Schedule and conduct monthly a one-half day progress meeting in Fayetteville with CITY OF FAYETTEVILLE staff beginning at conclusion of the Design Phase of the last construction project and continuing through the completion of the Bidding Assistance portion of the Program. When possible, the meetings will be scheduled on dates to coincide with other progress; coordination; or conference meetings being conducted during the Design or Bidding Phases of the Program. A total of 3 meetings is anticipated. b) Schedule and conduct Pre -Bid Meetings for each of the 17 anticipated construction packages. The meetings are anticipated to be held in Fayetteville during the second week of each advertisement period. c) Attend bid opening ceremonies for each of the 17 anticipated construction packages. The bid openings arc assumed to be scheduled at the end of each four -week advertisement period. d) Attend committee and Council meetings to recommend action on each of the 17 anticipated construction packages. The meetings are assumed to be held within eight weeks of the bid openings. BMcD Appendix B Final END OF DOCUMENT Appendix B • CITY OF FAYETTEVILLE AGREEMENT FOR PROFESSIONAL • PROGRAM MANAGEMENT SERVICES • APPENDIX C - SPECIAL TERMS AND CONDITIONS INFORMATION TECHNOLOGIES AGREEMENTS This is Appendix C, consisting of 7 pages, referred to in and part of the Agreement For Professional Program Management Services, between City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) • and Bums & McDonnell Engineering Company, Inc. (BURNS & MCDONNELL ENGINEERING) dated Initial: CITY OF FAYETTEVILLE BURNS & MCDONNELL ENGINEERING These special terms and conditions shall control and apply only to the services provided in Appendix A — Part A 1.g), Develop and Maintain Program Web Site: NOW THEREFORE, in consideration of the mutual promises set forth in the AGREEMENT, and these SPECIAL TERMS AND CONDITIONS herein, BURNS & MCDONNELL ENGINEERING and CITY OF FAYETTEVILLE (the "Parties") hereby agree as follows: • 1. Definitions a) "Agreement" shall mean the underlying "Agreement for Professional Program Management Services" document containing the executed commercial terms of this contract including, but not limited to pricing and/or compensation and payment terms, time of performance, designated party representatives with authority to approve change orders, invoices, and receive notices. • • b) "CITY OF FAYETTEVILLE Materials" shall mean all information, data, specifications, software, documentation, tools, equipment and other materials provided by CITY OF FAYETTEVILLE to BURNS & MCDONNELL ENGINEERING, (including any CITY OF FAYETTEVILLE Software, CITY OF FAYETTEVILLE Information, and CITY OF FAYETTEVILLE Content) for use in rendering the Services and/or incorporation within the Work Product. • c) "BURNS & MCDONNELL ENGINEERING Materials" shall mean all information, data, specifications, software, documentation, tools, equipment and other materials owned or developed by BURNS & MCDONNELL ENGINEERING (including any BURNS & MCDONNELL ENGINEERING Software, BURNS & MCDONNELL ENGINEERING Information, and BURNS & MCDONNELL ENGINEERING Content) in rendering the Services, and/or in developing the Work Product, and/or developed or otherwise owned by BURNS & MCDONNELL ENGINEERING prior to the Effective Date of this Agreement. d) "Services" shall mean the technical consulting services and/or the development of Work Product, and/or the provision of data processing/application hosting/web hosting services to be provided by BURNS & MCDONNELL ENGINEERING under these Special Conditions. e) "Statement of Work" shall mean APPENDIX A — PART A 1.g) Develop and Maintain Program Web Site. f) "Third Party Materials" shall mean all information, data, specifications, software, documentation, tools, equipment and other materials owned by a third party that is licensed or otherwise obtained by BURNS & MCDONNELL ENGINEERING (including any Third Party Software, Third Party Information, or Third Party Content) for use in connection with the Services and/or incorporation within the Work Product. g) "Work Product" shall mean all information, data, specifications, software, tools, documentation, equipment and other materials developed or otherwise obtained by BURNS & • MCDONNELL ENGINEERING and provided to CITY OF FAYETTEVILLE (which may • include a combination of CITY OF FAYETTEVILLE Materials, BURNS & MCDONNELL ENGINEERING Materials and Third Party Materials) as set forth in the Statement of Work. BMcD Appendix C Final Appendix C • r I. I• 1. I� • Work Product shall include, but not be limited to, any partial or completed manifestation, representation, compilation, adaptation, translation, or integration of Materials in the instruments of service prepared or produces through BURNS & MCDONNELL ENGINEERING's physical or intellectual effort, or otherwise contained in any deliverables to the CITY OF FAYETTEVILLE. i•• 2. Services a) Services Generally. BURNS & MCDONNELL ENGINEERING shall provide the Services and/or Work Product to CITY OF FAYETTEVILLE to provide APPENDIX A — PART Al.g) Develop and Maintain Program Web Site. These Special Terms and Conditions shall apply to all such Services and Work Product b) Scope of Services. CITY OF FAYETTEVILLE agrees that BURNS & MCDONNELL ENGINEERING is responsible only for providing the Services and any Work Product, and BURNS & MCDONNELL ENGINEERING is not responsible for providing any services or performing any tasks not specifically required for APPENDIX A — PART A l.g) Develop and Maintain Program Web Site c) Revisions. see Agreement d) Development. BURNS & MCDONNELL ENGINEERING shall develop and provide CITY OF FAYETTEVILLE with the services, and Work Product to provide APPENDIX A - PART A I.g) Develop and Maintain Program Web Site. CITY OF FAYETTEVILLE acknowledges that the services and Work Product will be developed to operate on a specific platform and in a specific environment. BURNS & MCDONNELL ENGINEERING is not responsible for any modifications necessary to enable the services or Work Product to operate on a different platform and/or environment. It is understood that services and Work Product may contain a combination of CITY OF FAYETTEVILLE and/or BURNS & MCDONNELL ENGINEERING and/or Third Party Materials, including, but not limited to, Content and/or Software. e) Support and Maintenance. N/A 3. Propriety Rights and License a) CITY OF FAYETTEVILLE Materials. BURNS & MCDONNELL ENGINEERING acknowledges and agrees that CITY OF FAYETTEVILLE is and shall remain the owner of all right, title and interest in and to the CITY OF FAYETTEVILLE Materials, including, but not limited to, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights therein. Notwithstanding the foregoing, CITY OF FAYETTEVILLE hereby grants to BURNS & MCDONNELL ENGINEERING a non-exclusive, royalty -free license to use the CITY OF FAYETTEVILLE Materials in rendering the Services and developing any Work Product under this Agreement. b) BURNS & MCDONNELL ENGINEERING Materials and Work Product CITY OF FAYETTEVILLE acknowledges and agrees that BURNS & MCDONNELL ENGINEERING shall retain all right, title and interest in and to the BURNS & MCDONNELL ENGINEERING Materials, including, but not limited to, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights therein, subject to CITY OF FAYETTEVILLE's ownership of CITY OF FAYETTEVILLE Materials as defined in Paragraph 3.a). BURNS & MCDONNELL ENGINEERING shall have the right to use or otherwise exploit the Work Product and BURNS & MCDONNELL ENGINEERING Materials in providing services to other clients, except that BURNS & MCDONNELL ENGINEERING shall not have the right to do so to the extent that the BURNS & MCDONNELL ENGINEERING Materials incorporates CITY OF FAYETTEVILLE Materials identified by CITY OF FAYETTEVILLE as proprietary and confidential. Notwithstanding the foregoing, upon receipt of fill and final payment, BURNS & MCDONNELL ENGINEERING hereby grants to CITY OF FAYETTEVILLE a paid -up, perpetual, non-exclusive, non -transferable license to use the BURNS & MCDONNELL ENGINEERING Materials as incorporated into the Work Product supplied to CITY OF FAYETTEVILLE, subject to the limitations on use provided in Paragraph 3.e) and the remaining terms and conditions of this Agreement BURNS & MCDONNELL ENGINEERING hereby reserves for itself all rights in and to any BURNS & MCDONNELL ENGINEERING Materials, including BURNS & MCDONNELL BMcD Appendix C Final Appendix C ENGINEERING Application Software, Documentation, or Work Product not expressly granted to CITY OF FAYETTEVILLE herein. c) Third Party Materials. CITY OF FAYETTEVILLE acknowledges and agrees that any Third Party Materials incorporated into and/or provided as part of the Work Product shall be subject to the terms and conditions of the license granting BURNS & MCDONNELL ENGINEERING and/or CITY OF FAYETTEVILLE the right to use the Thud Party. Materials. CITY OF FAYETTEVILLE agrees to abide by all such terms and conditions. d) Notices. Unless otherwise agreed to in writing by the Parties, BURNS & MCDONNELL ENGINEERING shall have the right to place proprietary notices of BURNS & MCDONNELL ENGINEERING and any third party suppliers on the Work Product. In no event may CITY OF FAYETTEVILLE remove or alter any proprietary notice from the Work Product without BURNS & MCDONNELL ENGINEERING'S prior written consent. e) Limitations on Use. CITY OF FAYETTEVILLE shall be entitled to use the Work Product for its internal business purposes only. CITY OF FAYETTEVILLE shall not license, sublicense, resell, rent, lease or otherwise transfer the Work Product to any third party. CITY OF FAYETTEVILLE may not use, operate, allow access, or allow any third party to use, access, or operate in any matter, or for any application or at any location the Services and Work Product not otherwise anticipated. CITY OF FAYETTEVILLE shall not permit any modifications, extensions, completion, or alterations to the Services or Work Product by CITY OF FAYETTEVILLE or others, without prior written consent of BURNS & MCDONNELL ENGINEERING. CITY OF FAYETTEVILLE shall release, defend, indemnify, and hold BURNS & MCDONNELL ENGINEERING harmless for any such unauthorized activity. 4. Confidentiality a) Definition. The term "Confidential Information" shall mean all BURNS & MCDONNELL ENGINEERING Materials and information, including, but not limited to, drawings, plans, specifications, algorithms, software, techniques, processes, product designs, inventions, business plans, financial information, customer lists, and other information or documentation owned or possessed or used by BURNS & MCDONNELL ENGINEERING prior to the Agreement, or developed during or as result of or the Agreement In addition, any Materials, data, or information that is orally or visually disclosed to BURNS & MCDONNELL ENGINEERING by CITY OF FAYETTEVILLE that is not designated in writing as "Confidential" at the time of disclosure, but within thirty (30) days after such disclosure the CITY OF FAYETTEVILLE delivers to the BURNS & MCDONNELL ENGINEERING a written notice describing such information as "Confidential" and referencing the place and date of such disclosure and the names of the employees of the receiving party, shall constitute Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include any information that (a) is or becomes public through no act or omission on the part of the receiving party, (b) is disclosed to a third party by the disclosing party without restriction on such third party, (c) is in the receiving party's possession at or prior to the time of disclosure by the disclosing party, (d) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto, (e) is independently developed by the receiving party without reference to the disclosing party's Confidential Information, or (f) is released from confidential treatment by written consent of the disclosing party. b) Nondisclosure of Confidential Information. BURNS & MCDONNELL ENGINEERING and CITY OF FAYETTEVILLE acknowledge and agree that each party (and its subcontractor(s), if any), in performing its obligations under this Agreement, shall have access to or be directly or indirectly exposed to each other's Confidential Information. Each party shall hold confidential all Confidential Information and shall not disclose or use such Confidential Information without the express written consent of the other patty. Each party shall use reasonable measures and efforts to provide protection for each other's Confidential Information, including measures at least as strict as those each party uses to protect its own Confidential Information. Such measures shall include, without limitation, requiring employees and independent contractors to sign a non -disclosure agreement before obtaining access to the other party's Confidential Information. BMcD Appendix C Final Appendix C .•l • • c) User Codes and Passwords. CITY OF FAYETTEVILLE is responsible for maintaining the confidentiality of any user names and/or passwords (if any) as assigned to CITY OF • FAYETTEVILLE and/or its end users. Until sole responsibility or system testing, operations, or security passes to CITY OF FAYETTEVILLE, CITY OF FAYETTEVILLE agrees to immediately notify BURNS & MCDONNELL ENGINEERING of any loss or theft of a user code and/or password, or if the confidentiality of a user code and/or password has otherwise been compromised. BURNS & MCDONNELL ENGINEERING will not be responsible for any loss or damage arising in any way from unauthorized access to information through a user • code or password. 5. CITY OF FAYETTEVILLE Responsibilities a) CITY OF FAYETTEVILLE acknowledges and agrees that CITY OF FAYETTEVILLE is solely responsible for: 1) assuring that the Services provided in APPENDIX A — PART A 1.g) Develop and Maintain Program Web Site, are sufficient to meet the needs of CITY OF • FAYETTEVILLE; 2) timely providing BURNS & MCDONNELL ENGINEERING with all requested information reasonably required for the performance of the Services by BURNS & MCDONNELL ENGINEERING under this Agreement; 3) cooperating fully with BURNS & MCDONNELL ENGINEERING in the performance of the Services by BURNS & MCDONNELL ENGINEERING under this Agreement; • 4) providing reasonable access to CITY OF FAYETTEVILLE's premises, as necessary, for the performance of the Services by BURNS & MCDONNELL ENGINEERING under this Agreement; 5) designating in writing a person to act as CITY OF FAYETTEVILLE's representative with respect to the Services provided by BURNS & MCDONNELL ENGINEERING under this Agreement (such person shall have complete authority to transmit instructions, . • receive information, and interpret and define CITY OF FAYETTEVILLE's decisions with respect to all matters pertinent to the Services provided by BURNS & MCDONNELL ENGINEERING under this Agreement); 6) giving prompt written notice to BURNS & MCDONNELL ENGINEERING whenever CITY OF FAYETTEVILLE observes or otherwise becomes aware of any defect in the Services provided by BURNS & MCDONNELL ENGINEERING under this Agreement; • 7) assuring that BURNS & MCDONNELL ENGINEERING is fully informed of any information that is known to CITY OF FAYETTEVILLE that is important or essential to BURNS & MCDONNELL ENGINEERING's performance of the Services or that would otherwise impair or impact the BURNS & MCDONNELL ENGINEERING's performance of the Services, including, but not limited to, any special operating conditions, user requirements, systems requirements or conditions, and 8) assuring that CITY OF FAYETTEVILLE's use of any Work Product is in compliance with all applicable laws, statutes, rules and regulations, including, without limitation, intellectual property, consumer protection, securities regulation, child pornography, obscenity, data privacy, data transfer, telecommunications, import/export and lottery laws. b) Should CITY OF FAYETTEVILLE fail to fulfill any of the responsibilities provided • hereunder, BURNS & MCDONNELL ENGINEERING may, in addition to any other remedies set forth herein, after giving seven (7) days written notice to CITY OF FAYIFI tVILLE, suspend performance of the Services without liability to CITY OF FAYETTEVILLE until CITY OF FAYETTEVILLE has fulfilled such responsibilities. c) It is understood and agreed that the functionality, purpose and anticipated use of the Work Product and Services are to be determined by CITY OF FAYETTEVILLE. Under this Agreement, BURNS & MCDONNELL ENGINEERING is agreeing to utilize its technical • skills to develop the Work Product and otherwise provide the Services in conformity with the • functionality, use and purpose prescribed by APPENDIX A — PART A I.g), but is not undertaking and hereby disclaims any obligation to assure that such functionality, purpose and anticipated use is in compliance with all laws, statutes, rules and regulations and does not BMcD Appendix C Final Appendix C infringe upon the rights of any third party. CITY OF FAYETTEVILLE is responsible for assuring that the functionality, purpose and anticipated use of the Work Product and Services is in compliance with all laws, statutes, rules and regulations and does not infringe upon the rights of any third party. 6. Fees, Payment, and Taxes. see Agreement 7. Representations and Warranties, Limitations of Liability and Indemnification a) CITY OF FAYETTEVILLE represents and warrants, as applicable, that: I) it.has full authority to enter into this Agreement; 2) the CITY OF FAYETTEVILLE Materials provided by CITY OF FAYETTEVILLE for use in conjunction with the Services and/or incorporation into the Work Product are owned or licensed to CITY OF FAYETTEVILLE, and the CITY OF FAYETTEVILLE is authorized to grant BURNS & MCDONNELL ENGINEERING the right to use the same under this Agreement; 3) the CITY OF FAYETTEVILLE Materials provided by CITY OF FAYETTEVILLE for use in conjunction with the Services and/or incorporation into the Work Product do not and shall not infringe or violate any rights of third parties, including, without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets and/or other proprietary rights; 4) the CITY OF FAYETTEVILLE will not allow or participate in any unauthorized use, access, or operations of BURNS & MCDONNELL ENGINEERING provided services or Work Product, by CITY OF FAYETTEVILLE or any third party. b) BURNS & MCDONNELL ENGINEERING represents and warrants, as applicable, that: 1) it has full authority to enter into this Agreement; 2) BURNS & MCDONNELL ENGINEERING will exercise reasonable skill, care and • diligence in the performance of the Services under this Agreement and will carry out its responsibilities in accordance with customarily accepted standards of good professional • practices in effect at the time of performance. Should BURNS & MCDONNELL • ENGINEERING fail to meet this standard, and, CITY OF FAYETTEVILLE notifies BURNS & MCDONNELL ENGINEERING in writing within thirty (30) days of completion of the Services and/or delivery of the Work Product, CITY OF FAYETTEVILLE's sole remedy shall be for BURNS & MCDONNELL ENGINEERING, at BURNS & MCDONNELL ENGINEERING's option, to either (1) provide the services necessary to correct those errors or deficiencies at BURNS & MCDONNELL ENGINEERING's cos; or (2) refund to CITY OF FAYETTEVILLE the amount paid to BURNS & MCDONNELL ENGINEERING for such services provided as APPENDIX A — PART A 1.g) Develop and Maintain Program Web Site. Correction or refund shall be BURNS & MCDONNELL ENGINEERING's sole obligation and CITY OF FAYETTEVILLE's sole remedy for any failure of BURNS & MCDONNELL ENGINEERING to meet the prescribed standard of care. c) Third Party Materials and Subcontractors. BURNS & MCDONNELL ENGINEERING shall, for the protection of CITY OF FAYETTEVILLE, request from all licensors of Third Party Materials and any subcontractors of services, guarantees with respect to such software and services which will be made available to CITY OF FAYETTEVILLE to the full extent of the terms thereof. BURNS & MCDONNELL ENGINEERING's responsibility with respect to such software or services obtained from such licensors and subcontractors shall be limited to the assignment of such guarantees and remedies and rendering reasonable assistance to CITY OF FAYETTEVILLE for the purposes of enforcing the same. d) No Security Warranty. BURNS & MCDONNELL ENGINEERING shall utilize commercially reasonable efforts to assure that any security precautions are taken to protect the Services, Materials, and Work Product. However, CITY OF FAYETTEVILLE acknowledges that security breaches can occur, even if such security precautions are taken. BURNS & MCDONNELL ENGINEERING does not guarantee that its security precautions will prevent loss, alterations, or unauthorized access to the services, Materials, or Work Product. e) General Disclaimer. THE REPRESENTATIONS AND WARRANTIES SET FORTH IN PARAGRAPHS 7.a) AND 7.b) ARE LIMITED WARRANTIES AND ARE THE ONLY BMcD Appendix C Final Appendix C •I • •I • WARRANTIES MADE BY THE RESPECTIVE PARTIES. THE PARTIES EXPRESSLY • DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES • RELATING TO THE SERVICES AND WORK PRODUCT PROVIDED HEREUNDER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, NON -INFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. f) Disclaimer of Third Party Actions. BURNS & MCDONNELL ENGINEERING DOES NOT AND CANNOT CONTROL THE PERFORMANCE OF ANY PRODUCTS OR SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTION OR INACTION BY THIRD PARTIES CAN IMPAIR OR DISRUPT BURNS & MCDONNELL ENGINEERING'S SERVICES OR WORK PRODUCT. BURNS & MCDONNELL ENGINEERING MAKES NO REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE PRODUCTS OR SERVICES OF ANY THIRD PARTY, INCLUDING PROVIDERS OF TELECOMMUNICATIONS, HARDWARE OR EQUIPMENT PRODUCTS OR SERVICES. SUCH PRODUCTS AND SERVICES ARE • NOT PROMISED TO BE FREE OF ERROR OR INTERRUPTION, AND BURNS & MCDONNELL ENGINEERING EXPRESSLY DISCLAIMS ALL LIABILITIES ARISING FROM ANY SUCH ERROR, INTERRUPTION OR OTHER FAILURE. g) Limitation of Liability. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL BURNS & MCDONNELL ENGINEERING BE LIABLE TO CITY OF FAYETTEVILLE OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE • OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, INCREASED PROJECT COSTS, LOSS OF REVENUE, PROFIT OR SAVINGS, LOST PRODUCTION, FINES OR PENALTIES FROM ALL CAUSES OF ANY KIND, INCLUDING CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. h) Cumulative Liability. NOTWITHSTANDING THE FOREGOING, BURNS & . • MCDONNELL ENGINEERING'S CUMULATIVE LIABILITY TO CITY OF FAYETTEVILLE RELATING IN ANY MANNER TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY CITY OF FAYETTEVILLE TO BURNS & MCDONNELL ENGINEERING UNDER THIS AGREEMENT ONLY. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, • BREACH OF SECURITY AND OTHER TORTS. i) Indemnification. CITY OF FAYETTEVILLE agrees to indemnify, defend, and hold harmless BURNS & MCDONNELL ENGINEERING, its directors, officers, employees, agents, representatives, successors and assigns (collectively, the "Indemnified Parties") with respect to any claim, demand, cause of action, judgment, debt or liability (including reasonable attorneys' fees) brought against any of the Indemnified Parties by a third party, to the extent • that such claim, demand, cause of action, judgment, debt or liability results from or relates to BURNS & MCDONNELL ENGINEERING's performance of the Services or the use of the Work Product under this Agreement, unless such claim, demand, cause of action, judgment, debt or liability is the result of a breach'by BURNS & MCDONNELL ENGINEERING of any of the representations and warranties provided in Paragraph 7.b). j) Notice. In claiming any indemnification hereunder, BURNS & MCDONNELL ENGINEERING shall promptly provide CITY OF FAYETTEVILLE with written notice of any claim which BURNS & MCDONNELL ENGINEERING believes falls within the scope of Paragraph 7.i) above. CITY OF FAYETIEVILLE shall have sole control of the defense of any such claim and all negotiations relative to the settlement of any such claim. BURNS & MCDONNELL ENGINEERING shall cooperate reasonably with CITY OF FAYETTEVILLE, at CITY OF FAYE ii EVILLE's expense, in the defense or settlement of any such claim. • • 8. Term, Termination, and Renewal see Agreement a) Post Termination Obligations. Termination of this Agreement will not temrinate the perpetual license granted to CITY OF FAYETTEVILLE for use of the Work Product, but such license BMcD Appendix C Find Appendix C •I shall be limited and restricted in nature as set forth in this Agreement. All provisions of this • Agreement relating to proprietary rights, confidentiality, payment obligations, representations and warranties, limitation of liability, and indemnification obligations shall survive the termination of this Agreement. 9. General Provisions a) Entire Agreement. These Special Conditions constitutes the entire Agreement between the Parties with respect to the Services provided hereunder APPENDIX A — PART A l.g) Develop and Maintain Program Web Site and there are no representations, understandings or agreements which are not fully expressed in this Agreement. Notwithstanding the foregoing, it is understood that the Parties may enter into separate agreement(s) relating to other services. b) Amendments. No amendment, change, waiver, or discharge hereof shall be valid unless in writing and signed by the party against which such amendment, change, waiver, or discharge is sought to be enforced. c) Severability. If any provision of this Agreement is determined to be invalid under any applicable law, statute, rule or regulation, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. d) Headings. The section and paragraph headings used herein are for reference and convenience only and shall not enter into the interpretation hereof. e) Independent Contractors. BURNS & MCDONNELL ENGINEERING and its personnel, in performance of this Agreement, are acting as independent contractors and not employees of agents of CITY OF FAYETTEVILLE. f) Subcontractors. BURNS & MCDONNELL ENGINEERING may, in addition to its own employees, engage subcontractors to perform all or part of the Services under this Agreement. The engagement of such subcontractors by BURNS & MCDONNELL ENGINEERING shall not relieve BURNS & MCDONNELL ENGINEERING of its obligations under this Agreement. Each subcontractor shall agree in writing to abide by the confidentiality provisions of Section 4 of this Agreement. g) Proprietary Rights. Notwithstanding anything in this Agreement to the contrary, BURNS & • MCDONNELL ENGINEERING shall be free to use for any purpose any information in intangible form that may be retained by persons performing the Services under this Agreement, including, but not limited to, ideas, processes, concepts, know-how and techniques, as well as any information and materials that are in the public domain. h) CITY OF FAYETTEVILLE Identification. BURNS & MCDONNELL ENGINEERING may use the name and identity of CITY OF FAYETTEVILLE as a BURNS & MCDONNELL ENGINEERING client, in advertising, publicity, or similar materials distributed or displayed to prospective clients. i) Force Majeure. Except for the payment of fees by CITY OF FAYETTEVILLE, if the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any technical difficulties or mechanical failures of computer equipment (provided that such party has taken reasonable steps to avoid such difficulties or failures), interruption or failure of telecommunications links, Internet slow- downs or failures, flood, riot, fire, judicial or governmental action, labor disputes, act of God, war, acts of terrorism, or any other causes beyond the control of either party, then that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such causes. j) Choice of Law. see Agreement k) Disputes. see Agreement 1) Assignment. see Agreement m) Waiver. The waiver or failure of either party to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder. END OF DOCUMENT BMcD Appendix C Final Appendix C •I 01 Li • CH2M HILL Stream Modeling and NPDES Permitting • 1. CONSULTANT OVERVIEW SHEET 2. PRELIMINARY OPINION ON ALTERNATE • DISCHARGE POINT -MARCH 21, 2003 3. PROFESSIONAL SERVICES AGREEMENT •� • 0 • • • Fayetteville City Council Meeting - June 10, 2003 Wastewater Project Design/Bidding Contracts 19 N J_ • • • • • • • • • WASTEWATER SYSTEM IMPROVEMENT PROJECT FAYETTEVILLE, ARKANSAS PROJECT TTILE: Stream Modeling and NPDES Permitting Assistance CONSULTANT: CH2M HILL 502 South Main, #400 Tulsa, Oklahoma Contact: Murry Fleming 523 S. Lousiana, #304 Little Rock, Arkansas 72201 Contact: Bob Blanz SUB -CONTRACTOR: Subcontract: University of Arkansas Civil Engineering Department Contact: Rod William • COMPANY BACKGROUND: CH2M HILL is an employee -owned, multinational firm providing engineering, construction, operations and related services to public and private clients in numerous industries on six continents. More than 11,000 professional, technical, and administrative staff offer services that help our clients take any project from concept to reality. In 2002, Engineering NewsRecord ranked CH2M HILL fourth and our professional staff receives numerous industry awards yearly. We designed the existing Nolan WWTP for Fayetteville and completed the most recent Facility Plan. •• I • I• ' 1 i 1 1 :s 1• 1 .q.. 1 1 1 1 I 1 1 •u c 1• 1_ I Y: :1 :: :1 1 1• I n: u 1 • • . 1 1 1 1 .. : 11 ull 1 •11 •1: 1 1 • . •1 \• :1 : 1 lu 1 1 n 11 •1 • u 1 • u :L ' ii w limitations • 1 se 1 . 1 1 :� fu :i.. • 1 1" 1 1 treatmentprocess11 SCOPE OF SERVICES TO BE PROVIDED: Preliminary stream dissolved oxygen • study will be updated to include review comments as well as expanded to reflect the proposed location of the West Side Wastewater Treatment Plant discharge on Upper Goose Creek Additional field data for the Upper Goose Creek stream reach will be obtained through a subcontract with the U of A Civil Engineering Department The updated data will be used to develop the necessary stream models needed to determine the treatment requirements and to use as documentation for the basis of submitting a permit request to • ADEQ. A new permit will be requested for the West Side Plant as well as revisions to the • existing permit for the Noland plant. • . :M P.�•'.1 :... . ..1 Y.: 20 S • CONSULTING SERVICES NOT IN CURRENT SCOPE: The full scope of a � project of this nature cannot be completely envisioned at this time. Issues such as opposition to the project, regulatory requirements and other unknowns could have a significant impact on the anticipated work scope. Examples of such unknown tasks could include a plant capacity study, additional water quality sampling, analysis and modeling, other unanticipated regulatory requirements, additional support for meeting and public information, and litigation assistance to the City. CONSTRUCTION COST ESTIMATE FOR THIS PORTION OF THE PROJECT: The scope of this project does not include facility design and construction costs which are covered by other engineering consultants. • CONSULTANT SERVICES CONTRACT AMOUNT FOR THE LISTED SCOPE OF SERVICES: $150,610 • • • • • • 21 S , , .- S02 8. Men 4M Floor Tde.. OK 74,«+4425 • % CH2MHILL w,„ March 21, 2003 • 152775 RECENED Mee`L42003 Greg Boettcher, P.E. Cfl AYOR'S OFFICE • Water & Wastewater Director City of Fayetteville 113 West Mountain Fayetteville, AR 72701 • Subject: Modified Plant Discharge Location Preliminary Modeling Results Dear Mr Boetcher. As a result of discussions with the project design engineers and at your request we have • • performed preliminary model runs were performed to identify the potential effects of a modified discharge location on the future NPDES effluent limitations. A summary table is attached that shows the potential benefits during the "critical" or pre -dawn conditions. Additionally, for your general information I am including a listing of modeling conditions and assumptions made by our staff who specifically performed the modeling work. • In general, moving the discharge point upstream near the location of the wastewater treatment plant resulted in effluent limits that became less stringent. This is what was anticipated, however, the preliminary modeling runs needed to be performed to confirm this presumption. We would expect that the two other seasonal conditions would also indicate similar results as did the modeled 7Q10 critical condition since they are less • restrictive. Some additional field flow data will need to be collected during flow conditions that allow a determination to be made on the extent that upper Goose Creek may be a "losing" stream. This is necessary so that the appropriate flows can be modeled downstream of the Owl / Goose confluence. Also, the same data can be utilized to assist in making a determination relative to the potential flooding that was mentioned as a concern. Based upon the information above it would appear that locating the plant's discharge on the plant site and upstream of the Owl/Goose confluence will be beneficial to the operational flexibility of the proposed new plant. As outlined in your letter of February 26,2003 we will • await you instruction relative to pursuing this option in completion of the final modeling • effortand as a basis for the NPDES permit limits. ' . C.. • MEMORANDUM CH2MHILL • Goose Creek/Illinois River Multi SMP Model Runs • To: Tom Dupuis FROM: Gloria Beattie DATE March 13, 2003 • The Goose Creek/Minis River Multi SMP model was extended to include three additional reaches upstream of the previous model. A few comments relative to the new model runs follow: • Location of the proposed upstream discharge point was indicated on maps provided by • James Ulmer of McGoodwin, Williams and Yates, Inc. • The length, location, and slope assigned to each of the three additional reaches was extracted from the Flood Hazard Study conducted by the. Corps of Engineers on Goose Creek and the relevant HEC-RAS input files. • Initially I considered using the velocity and depth predicted by HEC-RAS for the 7Q10 • flows for the three additional upstream reaches. However, these values are not consistent with previous modeling assumptions for Goose Creek The HEC-RAS model was set up for flood flows — not 7Q10 conditions. As a result, the cross sections are adequate to predict flooding but not detailed enough to define the low -flow channel • required for the Multi-SMP analysis. Data point GC -1 (included in the May, 1998 Dissolved Oxygen Study) is located in the new Reach 3. Therefore, hydraulic ' • coefficients previously developed from data point GC -1 were used for Reach 3. New hydraulic coefficients were estimated for Reach 1 and Reach 2. Since no data are available for these reaches, the coefficients were estimated to provide velocity and depth • predictions that are reasonable and consistent with previous modeling efforts. • For each of the new upstream reaches, values for ICa, NH3 decay, SOD, and P -R are • assumed to be the same as those previously used for the most upstream Goose Creek reach. These values are from the 1998 Pre -Dawn Calibration Runs as reported in the 1998 Dissolved Oxygen Study. • The extended model was set up to include additional discharges for the Farmington Branch of Goose Creek and Owl creek. Since these were 7Q10 runs, the upstream flow • rate as well as these two additional discharges was set to zero. • The model runs incorporate revisions pursuant to comments from FIN and EPA. Escape coefficients for Tsivoglou are consistent with flowrate guidelines, SOD has been temperature corrected, Ka has been capped at 15/day for some runs as noted in the following table, and hydraulic coefficients were adjusted so that b+d<=1. • Clearly, additional field data are necessary to correctly predict velocity and depth for the new upstream reaches. However, the new model runs indicate that discharge further upstream would allow higher limits for BOD&.and NH3. Furthermore, oxygenation of the effluent could be reduced. The following table summarizes results of the Pre -Dawn modeling runs. • • • GOOSE MODELI.000 r 1• 1• 1• KI • Greg Boettcher, P.E. Page 2 March 21, 2003 I• • C; I• G It would appear there is a benefit to the revised location on the discharge location both in Construction cost savings of the outfall line as well as the potentially less restrictive permit limits. If the City prefers this modified outfall location, we will proceed with updating the previous draft contract amendment initially prepared in June 2002 and resubmit for your review and authorization. Please call if you have any questions or wish to discuss the findings of the preliminary modeling runs. Sincerely, CH2M HILL c: Tom Dupuis/CH2M HILL Bob Blanz/CH2M HILL I• GOOSE CNEEWILUNOIS RIVER MULTI SNP MODEL RUNS Pre -Dawn Runs (7Q10, temperature = 29) and17.8 mgd Effluent Discharge • Run ID Effluent Limits D.O. (mg)(igQ Applicable Comments • BODs Nib D.O. Std. On. Reach GOOSE18X 1.8 1.0 6.92 4.0 5.0 Reaches 1-4 Original Model (from confluence with Owl) 5.0 5.0 Reaches 5-7 RevisedperFTNandEPA GOOSE18A 2.0 1.3 6.92 4.0 5.11 Reaches 1-7 Extended Model (includes upstream reaches) 5.0 4.98 Reaches 8-10 K. calculated with Tsivoglou • • Escape Coefficients = 0.054 GOOSE18B 2.0 1.3 6.92 4.0 5.11 Reaches 1-7 Extended Model (includes upstream reaches) 5.0 4.98 Reaches 8-10 K. capped at 15 or K. calculated with Tsivoglou GOOSE70% 2.0 13 5.38 4.0 5.11 Reaches 1-7 Extended Model (includes upstream reaches) • 5.0 4.98 Reaches 8-10 Effluent D.O. reduced to 70% Saturation K. capped at 15 GOOSE60% 2.0 1.3 4.61 4.0 5.11 Reaches 1-7 Extended Model (includes upstream reaches) 5.0 4.98 Reaches 8-10 Effluent D.O. reduced to 60% Saturation K. capped at 15 • Pre -Dawn Runs (7Q10, temperature = 29) and15.0 mgd Effluent Discharge Run ID Effluent Limits D.O. (g)(gQ Applicable Comments BOD3 NH3 D.O. Std. Min. Reach GOOSE18Y 3.0 1.0 6.92 4.0 5.0 Reaches 1-4 Original Model (from confluence with Owl) • 5.0 5.0 Reaches 5-7 GOOSE18C 3.0 1.8 6.92 4.0 4.95 Reaches 1-7 Extended Model (includes upstream reaches) 5.0 4.95 Reaches 8-10 K. calculated with Tsivoglou Escape Coefficients = 0.079 GOOSE18D 3.0 1.8 6.92 4.0 4.95 Reaches 1-7 Extended Model (includes upstream reaches) 5.0 4.95 Reaches 8-10 K. capped at 15 • or K. calculated with Tsivoglou Pre -Dawn Runs (7Q10, temperature = 29) and10.0 mgd Effluent Discharge Run ID Effluent Limits D.O. (qg Applicable Comments BODs Nib D.O. Std. Min. Reach • GOOSE18Z 2.6 1.0 6.92 4.0 MReadies 1-4 Original Model (from confluence with Owl) 5.0 5-7 GOOSE18E 3.0 1.5 6.92 4.0 1-7 Extended Model (includes upstream reaches) 5.0 8-10 K. calculaated with Tsivoglou Escape Coefficients = 0.0793.0 1.5 6.92 4.0 1-7 Extended Model (includes upstream reaches) es 8-10 K. capped at 15 or K. calculated with Tsivoglou H. • • • GOOSE NODELI.DOC r I• I• I• 1• I.. AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYE I I EVILLE, ARKANSAS And CH2M HILL, INC. THIS AGREEMENT is made as of 2003, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and CH2M HILL, Inc. with offices located in Tulsa, OK and Little Rock, AR.(hereinafter called ENGINEER). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the planning, design, permitting, construction, operation, maintenance, management, and financing of the Fayetteville Wastewater System Improvement Project and in particular Goose Creek / Illinois and White River Dissolved Oxygen Study and NPDES permitting assistance (The "Project"). Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of the ENGINEER'S services on the Project. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of ENGINEER 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. Professional Services-Designer-Rev3.doc 022403 •1 SECTION 2- BASIC SERVICES OF ENGINEER 2.1 General 2.1.1 Provide professional engineering services in connection with the Project as hereinafter stated, which shall include engineering and environmental consulting services incidental thereto. The detailed scope of services specifically defines the ENGINEER'S responsibilities and is included in Appendix A. 2.1.2 CITY OF FAYETTEVILLE has retained the services of BURNS & McDONNELL ENGINEERING COMPANY, INC., a Missouri Corporation specializing in consulting engineering services, as the "Program Manager" for the Wastewater System Improvement Project. The professional design services to which this Agreement applies are a part of the Wastewater System Improvement Project. ENGINEER shall coordinate their activities and services primarily with Program Manager and all other parties that CITY OF FAYETTEVI LLE may contract with for program management or professional design services as a part of the Wastewater System Improvement Project. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the services in Appendix A. 2.1.2.1 Develop and include as a part of Appendix A of this Agreement for approval by CITY OF FAYETTEVILLE a project schedule which shall include, in acceptable level of detail, the steps and milestone dates to be undertaken by ENGINEER in completion of this Project. 2.1.2.2 The Project Schedule shall consist of a bar chart schedule depicting the duration of each sub -project and the discrete milestone activities, which make up the sub -projects. Separate line items and durations may be shown for costs that apply to the Project as a whole, including, but not limited to, Project Management and Administration. 2.1.3 Provide through subcontract services or data such as geotechnical investigations, core borings, probings and subsurface explorations, hydrographic surveys, laboratory tests, and inspections of samples, materials, and equipment as necessary for authorized Project services. 2.1.3.1 Fully disclose all subcontract agreements including the name and address of the subconsultant, the scope of services to be provided and the value of the subcontract agreement. Professional Services-Designer-Rev3.doc 022403 •I •I •I r U I. I. is le • 1• 1s is I� 2.1.3.2 Incorporate into all subcontract agreements for planning and design engineering services the applicable milestone dates from the Submittal Schedule contained in the Memorandum of Agreement, as amended, between ASWCC and the CITY OF FAYETTEVILLE and require all ENGINEER's subconsultants to be bound by the Submittal Schedule. 2.1.4 Render monthly Work progress reports to CITY OF FAYETTEVILLE and Program Manager and confirm status of compliance with schedule. 2.1.5 The draft report shall be reviewed by CITY OF FAYETTEVILLE, or such parties as CITY OF FAYETTEVILLE shall designate, prior to submittal to the ADEQ. 2.1.6 See Attachment A, Scope of Work, for additional services or clarification of services to be provided by ENGINEER SECTION 3- ADDITIONAL SERVICES OF ENGINEER 3.1 General If authorized in writing by the CITY OF FAYETTEVILLE Mayor and the City Council and agreed to in writing by ENGINEER, ENGINEER shall furnish or obtain from others Additional Services of the following types that are not considered normal or customary Basic Services. The scope of Additional Services may include: 3.1.1 Extra Services 3.1.1.1 Services not specifically defined heretofore that may be authorized by CITY OF FAYETTEVILLE. Due to the nature of this Project, additional work scope tasks and assistance to the CITY OF FAYETTEVILLE is anticipated, however, the level of effort associated with the additional scope cannot be estimated at this time. Any additional work tasks will be documented and notification provided as required in Paragraph 3.2. 3.2 Contingent Additional Services 3.2.1 If services described under Contingent Additional Services in Paragraph 3.2 are required due to circumstances beyond ENGINEER's control, ENGINEER shall notify CITY OF FAYETTEVILLE and request a formal contract amendment approved by the Mayor and the • City Council prior to commencing such services. If CITY OF FAYETTEVILLE deems that Professional Services-Designer-Rev3.doc 022403 1 • such services described in 3.2 are not required, CITY OF FAYETTEVILLE shall give • prompt written notice to ENGINEER If CITY OF FAYETTEVILLE indicates in writing that all or parts of such Contingent Additional Services are not required, ENGINEER shall have no obligation to provide those services. SECTION 4- RESPONSIBILITIES OF CITY OF FAYETTEVILLE CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of ENGINEER: 4.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project 0 4.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 7 4.3 Guarantee access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform his services under this Agreement 4.4 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining • � thereto. 4.5 Provide such professional legal, accounting, financial, and insurance counseling services as may be required for the Project � 4.6 Designate in writing a person to act as CITY OF FAYETTEVILLE's representative with respect to the services to be performed under this Agreement Such person shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements S and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement 4.7 Give prompt written notice to ENGINEER whenever CITY OF FAYETTEVILLE observes 5 or otherwise becomes aware of any defect in the Project. 4.8 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of • the Project Pay directly to the governmental authorities the actual filing and permit fees. • Professional Services-Designer-Rev3.doc 022403 4.9 Furnish, or direct ENGINEER to provide, necessary Additional Services as stipulated in Section 3 of this Agreement or other services as required. 4.10 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 5- PERIOD OF SERVICE 5.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 5.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed SECTION 6- PAYMENTS TO ENGINEER • • 6.1 Compensation 6.1.1 Professional Consulting Services For the Scope of Services described herein, CITY OF FAYETTEVILLE shall pay ENGINEER, as compensation for services set forth in Attachment A. ENGINEER will he compensated on the basis of a cost reimbursement plus fixed fee contract. The costs and basis for compensation are shown on the Attachment B "Labor Hour Breakdown" and includes all project costs including labor, overhead, direct expenses, subcontracts and fixed fee. The total contract amount is One Hundred Fifty Thousand Six Hundred Ten Dollars United States Dollars (US $150,610). 6.1.1.1 Subject to the City Council approval, adjustment of the total contract amount may be made should ENGINEER establish and CITY OF FAYETTEVILLE agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed; or if CITY OF FAY EITEVILLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment Professional Services-Designer-Rev3.doc 022403 approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. 6.1.1.2 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for Design services consistent with ENGINEER's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project design schedule as the basis for determining the value earned as the work is accomplished. Final payment shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the Project. 6.1.2 Additional Services For authorized Additional engineering services under Section 3, "Extra Services", compensation to ENGINEER shall be negotiated at the time Additional services are authorized. Due to the nature of the project needs, other work items may be required in the future but their scope cannot be determined at this time. Therefore, the CITY OF FAYETTEVILLE may choose to amend this contract for additional assistance on such items as additional public information assistance, additional regulatory requirements, plant capacity evaluation, litigation assistance, etc. Any additional service will be specifically identified and scoped at the request of the CITY OF FAYETTEVILLE. 6.2 Statements Statements and updated progress schedule for each calendar month will be submitted in electronic format simultaneously to CITY OF FAYETTEVILLE and Program Manager, followed by signed original document to CITY OF FAYETTEVILLE. Statements will be based on ENGINEER's estimated percent of services completed at the end of the preceding month, and justified by the updated progress schedule. Program Manager shall review the statement and forward them to CITY OF FAYETTEVILLE with his recommendations. 6.3 Payments All statements are payable upon receipt and due within thirty (30) days. If a portion of ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF Professional Services-Designer-Rev3.doc 022403 • •I • • FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. • • U • • 6.4 Final Payment Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAY ETTEVILLE's claims against ENGINEER or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 7- GENERAL CONSIDERATIONS 7.1 Insurance 7.1.1 During the course of performance of these services, ENGINEER will maintain (in United States Dollars) the following minimum insurance coverages: it�'!StliRPf'Tf- Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. Professional Services-Designer-Rev3.doc 022403 •I 7.1.2 Construction Contractors shall be required to provide (or CITY OF FAYETTEVILLE may provide) Owner's Protective Liability Insurance naming CITY OF FAYETTEVILLE as a Named Insured and BURNS & McDONNELL and ENGINEER as additional insureds, or, to endorse CITY OF FAYETTEVILLE, BURNS & McDONNELL and ENGINEER as additional insureds on construction Contractor's liability insurance policies covering claims for personal injuries and property damageProfessional Responsibility 7.1.3 ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. ENGINEER agrees not to seek or accept any compensation or reimbursements from the City of Fayetteville for engineering work it performs to correct any errors, omissions or other deficiencies caused by ENGINEER's failure to meet customarily accepted professional engineering practices. CITY OF FAYETTEVILLE retains all other remedies to recover for its damages caused by any negligence of ENGINEER. 7.1.4 In addition ENGINEER will be responsible to CITY OF FAYETTEVILLE for damages caused by its negligent conduct during its activities at the Project Site to the extent covered by ENGINEER's Commercial General Liability and Automobile Liability Insurance policies as specified in Paragraph 7.1.1. 7.2 Changes CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of ENGINEER's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the President or any Vice President of ENGINEER. 7.3 Termination 7.3.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the • other party is given: Professional Services-Designer-Rev3.doc 022403 •I •I •1 •1 • •I • • 7.3.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.3.1.2 An opportunity for consultation with the terminating party prior to termination. 7.3.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that ENGINEER is given: 7.3.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.3.2.2 An opportunity for consultation with the terminating party prior to termination. 7.3.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 7.3.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 7.3.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because ofENGINEER's default 7.3.4 If termination for default is effected by ENGINEER, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by ENGINEER relating to commitments which had become firm prior to the termination. 7.3.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 above, ENGINEER shall: 7.3.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 7.3.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by ENGINEER in performing this Agreement, whether completed or in process. Professional Services-Designer-Rev3.doe 022403 II 7.3.6 Upon termination under Paragraphs 7.5.1 or 7.5.2 above CITY OF FAYETTEVILLE may • take over the work and may award another party an agreement to complete the work under this Agreement, 7.3.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is determined that ENGINEER had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 7.5.4 of this clause. 7.4 Delays In the event the services of ENGINEER are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER shall be entitled to additional compensation and time for reasonable costs incurred by ENGINEER in temporarily closing down or delaying the Project. 7.5 Rights and Benefits ENGINEER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 7.6 Dispute Resolution 7.6.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or ENGINEER in the performance of this Agreement, and disputes concerning payment. 7.6.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 7.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 7.8.3 and 7.8.4 have been complied with Professional Services-Designer-Rev3.doc 022403 II • • 7.6.3 Notice of Dispute 7.6.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice; 7.6.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give ENGINEER written Notice at the address listed in Paragraph 7.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 7.6.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the Vice President of ENGINEER and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 7.7 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER. 7.8 Publications Recognizing the importance of professional development on the part ofENGINEER's employees and the importance ofENGINEER's public relations, ENGINEER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining toENGINEER's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to ENGINEER. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost ofENGINEER's activities pertaining to any such publication shall be forENGINEER's account. Professional Services-Designer-Rev3.doc 022403 • 7.9 Indemnification • • 7.9.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE, BURNS & McDONNELL, and ENGINEER from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or • other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 7.10 Computer Models ENGINEER may use or modifyENGINEER's proprietary computer models in service of CITY OF FAYETTEVILLE under this Agreement, or ENGINEER may develop computer models during ENGINEER's service to CITY OF FAYETTEVILLE under this Agreement. Such use, modification, or • development by ENGINEER does not constitute a license to CITY OF FAYETTEVILLE to use or modify ENGINEER's computer models. Said proprietary computer models shall remain the sole property of the ENGINEER. CITY OF FAYETTEVILLE and ENGINEER will enter into a separate license agreement if CITY OF FAYETTEVILLE wishes to useENGIKNEER's computer models. • • 7.11 Ownership of Documents All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD drawings and cross sections, estimates, specification field notes, and data are and remain the property of CITY OF FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of other documents. Engineering documents, drawings, and specifications prepared by ENGINEER as part of the Services shall become the property of CITY OF FAYETTEVILLE when ENGINEER has been compensated for • all Services rendered, provided, however, that ENGINEER shall have the unrestricted right to their use. ENGINEER shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or • modified in the performance of the Services shall remain the property of ENGINEER Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. ENGINEER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over • • Professional Services-Designer-Rev3.doc 022403 Is 1•• i• time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 7.12 Notices Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYEFIEVILLE's address: City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 Attn: Greg Boettcher ENGINEER's address: CH2M HILL 502 S. Main, #400 Tulsa, Oklahoma 74103 Atm: Murry Fleming 7.13 Successor and Assigns CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETIEVELLE nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 7.14 Controlling Law This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 7.15 Entire Agreement This Agreement represents the entire Agreement between ENGINEER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, Professional Services-Designer-Rev3.doc 022403 whether or not signed by ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 8- SPECIAL CONDITIONS 8.1 Additional Responsibilities of ENGINEER: 8.1.1 CITY OF FAYETTEVILLE's or Arkansas Soil and Water Conservation Commission's (ASWCC's) review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's nor ASWCC's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 8.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused byENGINEER's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 8.1.3 ENGINEER's obligations under this clause are in addition toENGINEER's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have againstENGINEER for faulty materials, equipment, or work 8.2 Remedies' Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 8.3 8.3.1 Audit: Access to Records ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement ENGINEER shall also maintain the financial information and data used by • Professional Services-Designer-Rev3.doc 022403 I1 •I 0I •I I1 ENGINEER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. The United States Environmental Protection Agency, the Comptroller General of the United States, the United States Department of Labor, CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. 8.3.2 Records under Paragraph 8.3.1 above, shall be maintained_ and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 8.3.3 This right of access clause (with respect to financial records) applies to: • •8.3.3.1 Negotiated prime agreements: • • 8.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement 8.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 8.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; • 8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved, [] • 8.3.3.3.3 If the subagreement is terminated for default or for convenience. Professional Services-Designer-Rev3.doc 022403 • 8.4 Covenant Against Contingent Fees ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8.5 Gratuities 8.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of ENGINEER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, the State or EPA in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice toENGINEER terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement 8.5.2 In the event this Agreement is terminated as provided in Paragraph 8.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in the event of a breach of the Agreement by ENGINEER. As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs ENGINEER incurs in providing any such gratuities to any such officer or employee. 8.6 Arkansas Freedom of Information Act City contracts and documents, including internal documents and documents of subcontractors and sub - consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF Professional Services-Designer-Rev3.doc 022403 0 • rI •1 •I Ii Ii J•• 1• FAYETTEVILLE, ENGINEER will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.CA. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.7 Debarment And Suspension I certify that to the best of my knowledge and belief that the company that I represent and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $ 10,000 or imprisonment for up to 5 years, or both. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000. DEBARMENT CERTIFICATION AUTHORIZED REPRESENTATIVE COMPANY NAME: CH2M HILL. Inc. SIGNATURE: DATE:. PRINTED NAME: Murry Fleming TITLE: Professional Services-Designer-Rev).doc Vice President 022403 •I IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first above written. • CITY OF FAYETTEVILLE, ARKANSAS By: Mayor ATTEST: • By: City Clerk •I CH2M HILL, INC. By: Title: Vice President • Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. • END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES •I Professional Services-Designer-Rev3.doc 022403 • S C z IO IOOyyoNm yr �y, mN: • en • r 0 a W w fA V1 w N . M M w N iS W W iu IC! w St wj�•. � tcpp i... .0�_ N tmp tmO N O � N� 'G- 00 �N •. . r r �NI r tV - •K UiN ONO m O O . ?o ^' t. 4 OI tp p p. sL� • �� m m N N o th IOl N trO tD IIi 0 iu) .t-. fir; 1 J A y. �g ( O m .0 o :O. pp V. 0 ♦ r w N r . Vi W• J ' y7 C 'tyein m:f� "'� cp i� •• 4 a hair a a O (Nt R O U. :t0 C • Ymj fli ,f ,I a Y m �dt a p tpp Y O �a -w m N °° fO .N N O '(OVI�. • 1: t x, �. aMy m O N fD V—i f4I '. N : .J R. L b:�, f� pi j_� Q i"i • a- m wfl w '� sa o 1 O !11:. m 1. 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This scope of work provides a narrow framework of circumstances based on the known, or reasonably anticipated, issues that confront the City and describes the tasks necessary to address them. The permitting process(es), as envisioned by the regulations, for both the Noland and Illinois River Wastewater Treatment Plants (WWTP) is a straightforward set of tasks contained in Arkansas Pollution Control and Ecology Commission (ADPCEC) Regulations 6 and 8 (State Administration of National Pollutant Discharge Elimination System and Administrative Procedures, respectively). However, given the probable litigious nature of the downstream parties in both watersheds, the numerous state and federal agencies involved, the high public profile, and the potential costs, the actual level of effort cannot be fully anticipated. Therefore, as indicated above, this scope of work narrowly defines a possible course of events and level of effort. Task 1- Water Quality Modeling This task began with the Facility Planning effort in 1995. It entailed stream sampling in both watersheds, calibration of the models (separate models for each river basin), dose coordination with ADEQ Water Division staff, and preparation of several draft reports. Following reviews by ADEQ, EPA, and consultants for the Beaver Water District (BWD), modeling scenarios have been modified and revised in an effort to identify more options available for the permitting approach The reviews, particularly the EPA Region 6 review for the Illinois River, required adjustments to the reaeration formulae which, inadequately described in the model's user manuals (this an EPA model), had dramatic affects on the predicted impact and, as a result, to the quality of the discharge, i.e. it lowered the effluent limits considerably. Following ADEQ EPA, and BWD reviews of the modeling reports and since the initial facility planning effort the City has indicated its preference to locate the point of discharge for the Illinois River WWTP further upstream on Goose Creek This new outfall location would be at the center of the WWTP site and on City property. Preliminary indications are that Goose Creek downstream of this point may be a losing stream. Discharges to losing streams are subject to additional evaluations and constraints, as defined in ADPCEC Regulation 6. CfAYETTEVIUEWPOES ASSISTANCE SOW.DOC CONFIDENTIAL - ENFORCEMENT SENSITIVE However, there are advantages to this location; specifically, avoiding the construction of an effluent pipeline on private property and possibly less stringent effluent limits for BOD, ammonia, and DO. Less stringent limits may result because of the additional length of stream for assimilation and additional re -aeration because of the relatively steep stream gradient. The water quality model will have to be modified to include this additional section of Goose Creek, and limited field studies will be needed for that purpose as well as to losing stream issues, described below. Additionally, it is assumed as part of this scope that the "alternative analysis," as documented in the ADPCEC Regulation 6, will not be necessary. This analysis normally includes an evaluation of land application, discharge to a non -losing stream, and connection to a regional WWTP. These issues were thoroughly covered during the extensive facility planning effort and it should not be necessary to duplicate. • The final water quality model will then be submitted to the regulatory agencies. This modeling report provides the basis for preparation and submission of the NPDES permit applications. Every effort was made to utilize the planning and design effluent flows as the basis of the models, however, some additional adjustments may be necessary. The NPDES applications will be based on the allowable effluent flows which, as predicted by the models, will not violate water quality standards. This standard, however, is a moving target in the Illinois River Basin for several reasons. First, the recent adoption by Oklahoma of an in -stream phosphorus standard is untested on Arkansas dischargers. Secondly, the current Oklahoma WQ Standards classify the Illinois Rivers as a Scenic River and explicitly forbid any new discharges or increase in existing discharges. Thirdly, the U.S. EPA has recently released a Federal Register notice that it intends to list the Illinois River as an impaired waterway (for nutrients) pursuant to Section 303 (d) of the Clean Water Act. This listing, under Federal Court Order, requires ADEQ to develop a Total Maximum Daily Load (TMDL) for the entire Illinois watershed. The TMDL exercise could take several years to complete and new discharges may be held in abeyance until the allocation is completed. However, in a telephone conversation with Bob Singleton, ADEQ (April 22, 2003), Mr. Singleton indicated that he felt that the. modeling and permitting could proceed with the TMDL studies following at some later date. • • • • For these reasons it is recommended that the City strongly consider a interim approach to the Illinois River discharge permit. Specifically, given the above restrictions, it is our opinion that a permit application that does not exceed the current Illinois River mass loading (existing discharge to Mud Creek) has a better chance of timely issuance than one that may exceed one and two above, and be ruled possibly inconsistent with or premature to the completion of the TMDL. As with the White River, it is our belief that the discharge will be much better quality than the existing river water and future water quality studies will demonstrate that additional assimilative capacity is available for the subsequent phases • of plant expansions. This will entail another model run at the existing mass limitations. A decision on the NPDES flow basis will need to be made prior to submittal of the modeling report to the regulatory agencies. This scope of work includes the modeling scenarios to support several optional discharge flows. • A SOW REVI.DOC 303 PM 05/30/03 • • •• Subtask 1.1- Study Plan Preparation and Agency Coordination A study plan will be prepared that describes the activities included in Subtasks 1-2,1-3, and 14. The plan will be submitted to ADEQ for review and comment Any modifications to the plan resulting from this review would require a modification of the scope of work for these subtasks. For example, ADPCEC Regulation 6 specifies that stream studies conducted to evaluate if a stream is a losing stream are to be conducted during the critical low flow season, when stream flow is at least 1 cfs and representative of seasonal flow, and effluent flow can be included in the minimum 1 cfs flow. In this case, however, Goose Creek at the point of discharge has zero flow during dry conditions. It is the effluent itself thus that will be lost during these conditions, not natural streamflow. In order to best simulate flow conditions with effluent, it may be necessary to conduct studies during rainy periods so • that there is flow representative of the proposed discharge. We will propose that be done in late spring/early summer. Subtask 1.2— Field Evaluation of Goose Creek Flows, Losses, and Hydraulic Characteristics • This subtask will include the following activities associated with the reach of Goose Creek from the W WfP site to the confluence with Owl Creek (about 2.8 miles): • Identification of subreaches where the stream is most vulnerable to overbank flow, based on a stream walk and discussion with local officials knowledgeable of where flooding concerns are most prevalent (Note: The HEC-2 model indicates that areas most • • prone to overbank flow downstream of the new discharge point are several county road bridges and several private driveways.) • Cross-section surveys of the channel up to the approximate elevation of ordinary high water or bankfull channel; at critical locations of overbank flow and at other representative locations. If practicable, some of these cross -sections should be the same • as those for the existing HEC-RAS model • Estimation of Manning's "n" at each cross-section photos will be taken to document the nature of the stream bottom along with verbal descriptions in terms normally used to define "n". •• Flow, depth, and velocity measurements at representative cross -sections. Using USCS flow measurement techniques, several different flow ranges should be measured. At a minimum, flows representative of the range of effluent flows (i.e., 10 to 18 mgd) will be measured. • Dye studies. Concurrent with the flow measurements, Rhodamine WT dye will be • injected into the stream at the point of WWTP discharge; fluorometric dye measurements will be made at the stream flow monitoring locations along with visual observations regarding the movement and location of the dye slug, including where flow is lost (if it is all lost) and where it reappears downstream, if it does. It is anticipated that this task will be carried out by Dr. Rod Williams of the University of • Arkansas. Dr. Williams conducted the previous field studies in support of model • development C$AVETTEVtLEUTTACN A SOW REVI.000 • CONFIDENTIAL - ENFORCEMENT SENSITIVE Subtask 1-3 — Flood modeling of Goose Creek • Flood studies have already been completed for Goose Creek, including development of a HEC-2 model. This model will be used to compare flood flows and elevations in Goose Creek with and without the effluent flow. The previous flood study indicates the flood flows range from 1,200 cfs for a 10 -year event to 2,300 cfs for the 500 -year event Thus, the addition of effluent will be a small percentage of these design flood events. In addition, the model, or other computational methods, will be used to determine bankfull flows and how they might be influenced by the addition of the effluent flow. For example, bankfull flows might be expected to occur on a 1-1/2- or 2 -year return frequency. If addition of the effluent substantially increases this frequency, then that will affect the frequency of overbank flooding and possibly affect stream channel characteristics. This evaluation will focus on areas most prone to overbank conditions, as defined under subtask 1-2, if there are such areas. Subtask 1-4— Extension of Water Quality Model for Illinois River WWTP The confluence of Goose and Owl creeks is the upstream -most extent of the existing water quality model setup. It is anticipated that up to 3 reaches will be added to the MULTISMF ! model setup to accommodate the new discharge location. The MULTI-SMP model does not allow for negative flows (e.g., withdrawals or losses). However, we can very easily run various losing stream scenarios with the MULTI-SMP model if is assumed the flow is lost at the point of discharge (ie., simply subtract it from the effluent flow that would otherwise be input). The MULTISMP model can also be used to more rigorously evaluate the effects of losses occurring throughout the reach. This would require use of separate MULTISMP • ! model setups for individual reaches of this new stretch of stream, and use the output from one reach as quality input to the next reach, but reduce the flow to the next reach assuming it is lost in the upstream reach. It is assumed that this latter approach will be needed, at least as a check on the former approach, but more likely as the desired approach. Subtask 1.5— Final Water Quality Modeling Report Modifications to the Goose/Illinois model described in Subtask 1.4 will be documented in this final report along with the final White River modeling. Permit limits that are protective of DO standards will be identified in the report The report will be a modified version of previous modeling reports that have been developed. At the November 26, 2002 meeting in Fayetteville, it was agreed that it would be beneficial to include a total ultimate oxygen -demand (TUOD) concept into the permit This would be particularly useful for the Goose/ Illinois plant because of the stringency of the permit limits. Use of the TUOD concept would allow tradeoffs between CBOD and ammonia components of the oxygen demand, providing substantially greater flexibility in operations and compliance. ADEQ has indicated it might be amenable to this approach, but would need modeling evaluations to determine oxygen -demand equivalency if there are different decay rates for CBOD and ammonia. However, for the Goose/ Illinois model, the decay rate used is the same for CBOD and ammonia. Thus, it is not anticipated at this time that separate modeling analyses will be needed to get a TUOD approach permitted. However, the rationale and basis for the TUOD concept will need to be dearly explained in the • CFAYETTEVILLEUTTACH A SOW REVIAOC 3:03 PM 05130/03 I• CONFIDENTIAL - ENFORCEMENT SENSITIVE • • modeling report so that it can serve as support for the permit negotiations outlined in Task 2. Subtask 14— Agency Meetings Prior to completion and submission of the final modeling report, it is recommended that discussions be held with ADEQ to determine the best approach for the City of Fayetteville given the long-term implications of permit conditions. Also, it is anticipated that additional meetings with regulatory agencies will be required to finalize the modeling report These meetings will be with ADEQ and EPA Region 6. Possible meetings will also be conducted with BWD and Oklahoma regulatory agencies. For budgeting purposes, it is anticipated that five meetings will be required, two each in Little Rock, two in NW Arkansas/Eastern • Oklahoma, and one in Dallas, TX. Five man -days plus expenses are budgeted for each meeting. Task 2- NPDES Permit Applications I • Subtask 2.1- White River The Noland Plant is currently permitted at 6.2-mgd each to the Illinois and White Rivers. As the flow increases above the permitted limit, the effluent quality must improve so that the mass loading remains in compliance. However, the City may be in technical violation of the 6.2-mgd flow limit to the White River regardless of the effluent quality. Representatives • • with the BWD have met with ADEQ to discuss this issue. ADEQ has indicated (to CH2M HILL) that it likely will not be able to act on the pending permit application because of this requirement, i.e. the permit cannot be renewed as written simply because the Noland plant cannot physically hold the water indefinitely. An un-renewed permit is administratively extended under the terms of the existing permit • The proposed average -day design flow for the Noland Plant is 11.2 mgd, which is below the 11.4-mgd average -day design and the 12.2 mgd used as the basis of the current NPDES. However, the average -day flow in 2002 at the Noland plant was 12.5-mgd and will continue to increase until the new westside W WTP has been constructed and in service. Therefore, operation of the Noland WWTP will continue to be a challenge until the Illinois or westside plant is completed. It is assumed that ADEQ will NOT require an additional engineering • evaluation (capacity study) to demonstrate that the critical components are capable of treating the increased flow (the pump sizes, basin overflow rates, organic loading, etc.). The increase in flow (even if planned as temporary) will also entail an increase in the mass loading to the White River and Beaver Lake. As the first step to have the basis to increase the effluent flow, ADEQ will be required to modify the Section 208 (U.S. Clean Water Act) • Water Quality Management Plan (WQMP). This requires public notice and hearings, as may be necessary. It also requires EPA approval. It is expected that this modification will be opposed by Beaver Lake interest(s). If/when the WQMP is changed, ADEQ can then issue the Draft Permit for Public Comment This will also likely entail public hearings. After receiving public comment, ADEQ prepares a.Response to Comments and issues the permit The permit is effective in 30 days unless an • appeal is filed and a stay (of the effective date of the new permit) is granted by the C:FAYErTEVUIEUTTACH A SOW REVI.DOC 003 PM 0570107 I• El CONFIDENTIAL - ENFORCEMENT SENSITIVE ADPCB. Even if a stay is not granted, the permit appeal proceeds to the ADPCEC, failing resolution, to the State Court System, failing resolution, to EPA Headquarters, failing resolution, to the Federal Court System, where it went last time over a period of about 10 years. (The exact course of appeals may vary dependent on actions by lower courts and appellant bodies). Or.. .the WQMP could be modified without comment and the permit issued without dissent Since the appeals route is unknown, we can only scope the effort for the engineering evaluation and preparation of the permit application. We anticipate that this effort will require approximately 15 man -days for completing the application. Additionally, at least two trips each to Fayetteville and Little Rock and related production expenses will be required. Subtask2.2 Illinois River The Illinois and White River permits do not have to be on the same track. However, in order to demonstrate that the City is committed to the short-term nature of the increased White River Discharge, it may be advantageous to submit them together. This dual track may not make any difference to the Beaver Lake interests because they may see the Illinois permit being delayed for years and they would be stuck with the increased loading to the White River. The updated Facility Plan for the Illinois plant states the average -day design flow to be 10 mgd. As stated previously, the more restrictive modeling has reduced the allowable effluent loading significantly, possibly requiring either effluent storage (similar to the Noland Plant) or additional treatment, such as filtration. Further initiation of the proposed phased discharge strategy will reduce loadings even further. In addition, neither the proposed Oklahoma in -stream phosphorus limit nor the looming TMDL could be envisioned when the Facility Plan was prepared. The uncertainty, alone, of the ramifications of this standard may further delay a permit decision by ADEQ and EPA. Moreover, this permit may become the test case for the underlying requirements of the Oklahoma standard, and thus draw a myriad of third party intervenes. It is almost certain that the permit will be challenged both at the WQMP and draft permit stages and possibly held up pending the completion of a TMDL CH2M HILL cannot reasonably anticipate the course that the permit application will take. It is possible that the ADEQ may question the ability of the recommended (Facility Plan) treatment processes. to achieve the tighter effluent limitations, particularly in the summer season. This may create the necessity for a re-evaluation of the process design. For purposes of this proposal, CH2M HILL anticipates that it will require about 15 man - days to prepare the application, and if the permit applications are running together, the meetings and other coordination will be coincident with the Noland Plant activities. Facility Plan amendments are not included in this estimate. C:FAYETTEVILLEUTTACH A SOW REVI.DOC 3:03 PM 05)30/03 •I •I 0I •1 ••i • •1 •I •I Si *I • ENVIRONMENTAL CONSULTING OPERATIONS Environmental Permitting Section 404 Permit US Army Corps of Engineers Wetlands and Stream Crossing Mitigation Land Disturbance Permits • Best Management Practices Guidance • 1. CONSULTANT OVERVIEW SHEET 2. TECHNICAL SERVICES CONTRACT WITH ECO TO BE SUBMITTED FOR APPROVAL AT A LATER DATE • • O$ w— • • LJ Fayetteville City Council Meeting - June 10, 2003 • Wastewater Project Design/Bidding Contracts 22 • • • • L • WASTEWATER SYSTEM IMPROVEMENT PROJECT FAYETTEVILLE, ARKANSAS PROJECT TITLE: DesigniBid Phase Environmental Permitting; West Treatment Plant, East Noland Treatment Plant, East Lines and Stations, West Lines and Stations. CONSULTANT: Bruce Shackleford, MIS., REM, REPA, President Environmental Consulting Operations, Inc. (ECO, Inc.) 1313 Highway 229-5A, Benton, Arkansas 72015 Ph: (501) 315-9009 Fax:(501)315-9035 Email: bruceshacklcford@netscapee..net 1 I' . '4,' 1 I I 1 1 . I l l . 1' . 1• 1 11 11 .1 1 1 1.� . 1 '1'I'II 1• 11 11 Y: 11' .1' ': K . 1 .. IJ 1.1 '. 1 I I M I _ -1:Cl c'!) • .. 1 I 1 1 11 Y: ::1 1 1 I 1.1.11 • :. •'• II •1 I I I♦ . 1 11 1 Y.' n I 1: Y.. 1 ' ' 1 • . : w L I . 1 1 1 I K 1 1 1 1• 1 1 ✓. . I • 1 •II INI I.d'.1: ,.t II Y: :1. 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'_1 'll :I 1.11' 1.11 !' `R I• is is I• I• GARVER ENGINEERS East Pipelines and Pump Stations 1. CONSULTANT OVERVIEW SHEET 2. PROJECT RESPONSIBILITY MAP 3. PROFESSIONAL SERVICES AGREEMENT Fayetteville City Council Meeting - June 10, 2003 Wastewater Project Design/Bidding Contracts N MM uJ > Q = Q Ci W is • WASTEWATER SYSTEM IMPROVEMENT PROJECT FAYETTEVILLE,ARKANSAS 1• I• 1• I• I• I• Is I• PROJECT TITLE: East Wastewater Collection System Improvements CONSULTANT: Brock Hoskins, P.E. Garver Engineers 3810 Front Street Fayetteville, AR 72703 Pb: 479-527-9100 Email:behoskins erengineers.com .ii ),h., :L, •'i. '•]IJ•_ 1 1 .1 _• 1% I' I I i Y I' • 1 1 1' 1 I 11 • 11.. 1 1• i.� 11 • 1 IIIIIIIwl 1 • ": � •.1 1 �I : L1 I 1 • 1.1 • I 11 I' 11 .' 1' 1 1 1. 1 n I 1 1 1 11 Y. v 1 1 1'• 1 Y.11 • 1 Y. Y 1 1 1• I 1 1 • 1 K 1 Y 1• 1 1 ,1 1+ • 1 4 Y I ✓. . I I 1 11✓ 1 '1 1 V M .11 v 1' M 1 1 • Ii• • i 1 1 • • 1�' • LI 1.1 •'lli ll 1 I. 1 1✓ .I I :lK 11 1 • 1 • wY\ , 1, r 1 1 s 1 • 1• 11 1 1. 1 'sis • 1 .1 • 1 rt • I '1 1 11' II ' 1. 1 1 1 1 • 1 1 1• I': I•'• 1 I : 1 1 • I I • • 1 IC 1 ' 1 ' • • • 11 1 • r L 1 11 1 .I• • 1 I I • I. •.I I. 1 • I _ ✓. 1 r 1 1' : 1 J 1• 1. 1 1 1 •• I 1' 1!' 1 • 111 1 1 1 11'A , • 1 • • • III • .1 1 1 ' 11 1 ' 1 • • I S 1 • ' rl • ' 1 1 YI w 11 IU 1! IJ • 1 1 11 1 1 : 11 • • 1 II Y.1. • 1 11 • 1 I.M •p.jcsl n,I1,I&. SCOPE OF SERVICES TO BE PROVIDED: The primary services to be provided under this agreement are: Design . YI. 1 determinethe1 K 1. 1 • I II • 1 1 11 ll • '1 1' ll l 1' 1 1 11 1 11. 11 1.1 . -1 I I IOC• ..111 • n 1 11 1 ' 1 .w r -.Y 'II . . 1 11 ' L111 :iq 1• 1• L I• 1• IC I• I• I• I• r1 11 I 1 1•I t 111 •'III : Y 11 II I l' 1 1' 1 I VI YI 1 I 1 II Y1, I IIII 1 1 11 I: ✓.I II 1•' 1 1 I Y.IIr 1 1 I11 MII I1Y I rt 1 Ir 1 11,1 1 1 I lr .1 11 1 I 1 I 1 I I 1 1 I 1 YI 11 IG I 1 1 1 1 I iYl� NI • I 1 1 :II 1 1 11 1 : I II 111 1. , 1 .11 1 1 V I 1 I I I 11 1 •services I 1 YI V• MI •II nt Y Iw 1 1 1:1 1 11•n' nl .1 :1 11 1' 1111 1' 11 1 1 1'1 1 ' • ::1 1. r1 :1 L�•1 n 11 111 1 1:1 :1 :I 1 1 1 / 1 1• .11•'1' I I1111114*11,41 • •1 ii1 rl :1 11 • 1 In 'll IIVI YI.1 11':' I V :'_ 1 1k. K 1 11 1 1 Y Y • I ' M n •1 LI . 1. 1 1 1 11 : I • 1 I. • ht.t111, M •1 I :V 1 1 1 Y. 1 1 1 I• n 1 1 :1 :. 11 1 1 1 1 Y• CONSTRUCTION COST ESTIMATE FOR THIS PORTION OF THE PROJECT: $j.700.000 CONSULTANT SERVICES CONTRACT AMOUNT FOR THE LISTED SCOPE OF SERVICES: 1 7� .21.$86 toPlease see attached map for location of the proposed improvements. • I �. • CONFIDENTIAL - ENFORCEMENT SENSITIVE • • Additional Services The work scope has been developed to reasonably include those known work tasks and regulatory requirements based upon ENGINEER's experience. However, the full scope of a project of this nature cannot be completely envisioned at this time. Issues such as opposition to the project, regulatory requirements and other unknowns could have a significant impact • on the anticipated work scope. Examples of such unknown tasks could include a Noland W WIP "capacity study", additional water quality sampling, analysis and modeling, unanticipated regulatory requirements, additional support for meeting and public information, and litigation assistance to the City. There are certainly other potential areas for the scope to expand on a Project of this nature and the City will be notified as required if • additional services become an issue. • • C:FAYETTEVRIEIATTACH A SOW REVI OOC 003 PU 05130103 C • AGREEMENT 0 For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And GARVER ENGINEERS, LLC • THIS AGREEMENT is made as of , 2003, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) • and Garver Engineers, LLC with offices located in Fayetteville (hereinafter called GARVER). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the planning, design, permitting, construction, operation, maintenance, management, and financing • of the Fayetteville Wastewater System Improvement Project and in particular the final design of wastewater improvements including gravity and force main sewers and pump stations necessary to transport wastewater to the renovated Noland Wastewater Treatment Plant as detailed in GARVER'S Preliminary Report for Fayetteville Wastewater Improvements - East Collection System, dated May 2001 • • (The "Project"). Therefore, CITY OF FAYETTEVILLE and GARVER in consideration of their mutual covenants agree as follows: GARVER shall serve as CITY OF FAYEElEVILLE's professional engineering consultant in those • assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of GARVER's services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. If Construction Phase Services are to be provided by GARVER under this Agreement, the • construction shall be executed under the observation of a professional engineer registered in the State of Arkansas in accordance with Arkansas Code Amended §22-9-101. SECTION 1- AUTHORIZATION OF SERVICES • 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of GARVER.Assignments may include services described hereafter as Basic Services or as Additional Services of GARVER. • 1.2 Changes, modifications or amendments in scope, price or fees to this contract • shall not be allowed without a formal contract amendment approved by the • Contract -Prime Agreement-GARVER 022403 •1 Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2- BASIC SERVICES OF GARVER •I 2.1 General • 2.1.1 Perform professional design services in connection with the Project as hereinafter stated, which shall include normal civil, structural, mechanical, and electrical engineering services and normal architectural design services incidental thereto. 2.1.1.1 The Scope of Services to be furnished by GARVER during the Final Design Phase is included in Section 2.2 hereafter and in Appendix A attached hereto and made part of this Agreement. 2.1.1.2 The Scope of Services to be furnished by GARVER during the Bidding Phase is included in Section 2.3 hereafter and in Appendix B attached hereto and made part of this Agreement. 2.1.1.3 The Scope of Services to be furnished by GARVER during the Construction Phase, if any, will be finalized and contained in an amendment to this Agreement after Final Design is completed. 2.1.1.4 The Scope of Services to be furnished by GARVER during the Post -Construction Phase, if any, will be finalized and contained in an amendment to this Agreement after Final Design is completed. 2.1.1.5 The preliminary Scope of Services to be furnished by GARVER for Resident Services During Construction, if any, will be finalized and contained in an amendment to this Agreement after Final Design is completed. 2.1.2 CITY OF FAYETTEVILLE has retained the services of BURNS & McDONNELL • ENGINEERING COMPANY, INC., a Missouri Corporation specializing in consulting engineering services, as the "Program Manager" for the Wastewater System Improvement Project. The professional design services to which this Agreement applies are a part of the Wastewater System Improvement Project. GARVER shall coordinate their activities and • services primarily with Program Manager and all other parties that CITY OF • Contract -Prime Agreement-GARVER 022403 • I1 •I • •I •I •1 • • FAYETTEVILLE may contract with for program management or professional design • services as a part of the Wastewater System Improvement Project. GARVER and CITY OF FAYETTEVILLE agree that GARVER has full responsibility for the engineering design. 2.2 Final Design Phase 2.2.1 Prepare for incorporation in the Contract Documents detailed drawings to show the character and scope of the Work to be performed by contractors on the Project (hereinafter called the "Contract Drawings"), and Invitation to Bid, Instructions to Bidders, Bid Form, Agreement and Bond forms, General Conditions, and Specifications (all of which, together with the Contract Drawings, are hereinafter called the "Bid Documents") for review and approval by CITY OF FAYETTEVILLE, its legal counsel, and other advisors as appropriate, and assist CITY OF FAYETTEVILLE in the preparation of other related documents. 2.2.1.1 Bid documents shall be based on Construction Specifications Institute (CSI) Master Format and Section Format and shall incorporate CITY OF FAYETTEVILLE's standard general conditions and forms. Bid documents shall include required forms for State • • Revolving Loan Fund funding. Text documents shall be provided to CITY OF FAYETTEVILLE in Microsoft® Word version 2000 or later software. Contract drawings shall be prepared using standard borders, sheet sizes, title blocks and CADD standards provided by CITY OF FAYETTEVILLE. GARVER may use their normal software for the preparation of drawings but the final product shall be provided to CITY OF FAYETTEVILLE in Autodeskm AutoCAD version 2000 or later. 2.2.1.2 Develop and include in Appendix A of this Agreement for approval by CITY OF • FAYETTEVILLE, a project design schedule in which GARVER shall include, in an acceptable level of detail, the steps and milestone dates to be undertaken by GARVER in the completion of this final design. This Schedule shall include reasonable allowances for review and approval times required by CITY OF FAYETTEVILLE, performance of services by CITY OF FAYETTEVILLE's consultants, and review and approval times required by public authorities having jurisdiction over the Project. This schedule shall be equitably adjusted as the Project progresses, allowing for changes in scope, character or size of the Project requested by CITY OF FAYETTEVILLE, or for delays or other • causes beyond GARVER's reasonable control. Nonconformance with this schedule by • GARVER and its subconsultants may result in the assessment of damages payable by Contract -Prime Agreement-GARVER 022403 • GARVER to the CITY OF FAYETTEVILLE for costs and damages incurred. The • maximum cost liability of GARVER shall be limited to the total gross amount payable to 0 or through the Consultant authorized under this agreement, including amendments thereto. 2.2.1.2.1 The progress design schedule shall consist of a bar chart schedule depicting the duration of each sub -project and the discrete milestone activities which make up the sub -projects, but at a minimum shall include contract drawings, contract specifications, and design reviews as indicated in Section 2.2.10. Separate line items and durations may be shown for costs that apply to the Project as a whole, including, but not limited to, Project Management and Administration, Insurance, Value Engineering, surveys, subcontracted work, and property acquisition and easement documents. GARVER shall assign to each schedule activity of the progress design schedule a corresponding cost value that shall include a monthly allocation for labor, expenses, overhead, and profit. The sum of all cost values assigned shall equal the Lump Sum Amount shown in Section 6.1.1. of this Agreement. 2.2.1.3 When requested by the CITY OF FAYETTEVILLE's Director of Water and Wastewater, • prepare for and attend up to four City Council meetings to provide periodic updates on the progress of the final design. 2.2.1.4 If the plans and specifications for the project require bids on alternates in addition to a • base bid, there shall be no more than three (3) alternates, and the alternates shall be developed and described in accordance with Title 22, Article 9-203 of the Arkansas Code. 2.2.1.5 To the extent practicable, evaluate the feasibility of sequencing and segmenting the Work into stand alone multiple construction or procurement packages which may yield immediate operating benefits to the CITY OF FAYETTEVILLE and give these first priority for completion. The separate design or procurement packages to be completed by GARVER are listed below. 2.2.1.5.1 1. Phase 1 — Pump Stations 13, 15, and 19 and associated force main improvements. 2.2.1.5.2 2. Phase 2 — Line 7 and Pump Station 21. • 2.2.1.5.3 3. Phase 3 — Line 4. Contract -Prime Agreement-GARVER 022403 0 • • 2.2.1.5.4 4. Phase 4 -Pump Stations 14, 16, and 18. 2.2.2 Prepare technical criteria, written descriptions, design data, and applications necessary for filing applications for permits from or approvals of the following applicable governmental authorities having jurisdiction to review or approve the final design of the Project and assist • in securing approvals. Approval letters and permits shall be furnished to the Arkansas Soil and Water Conservation Commission, including the written approvals from the Arkansas Department of Health and the Arkansas Division of Environmental Quality. Actual Filing and Permit Fees will be paid by the CITY OF FAYETTEVILLE. Assist CITY OF • FAYETTEVILLE in consultations with appropriate authorities. 2.2.2.1 Arkansas Soil and Water Conservation Commission (ASWCC) • 2.2.2.2 Arkansas Department of Health (AHD) 2.2.2.3 Arkansas Department of Environmental Quality (ADEQ) 2.2.2.4 U.S. Army Corps of Engineers (COE) e 0 2.2.2.5 Fayetteville Planning Commission 2.2.2.6 Washington County Court • 2.2.2.7 City of Greenland 2.2.2.8 City of Farmington 2.2.2.9 Arkansas State Highway and Transportation Department 2.2.2.10 Railroad Authorities 2.2.3 Advise CITY OF FAYETTEVILLE of adjustments in excess of five percent of the cost • opinion for the Project caused by changes in scope, design requirements, or construction costs and furnish a revised cost opinion for the Project based on the final Bid Documents. 2.2.4 Advise CITY OF FAYETTEVILLE of final Opinion of Probable Project Costs, including, but not limited to, construction, inspection, testing, startup, O&M Manuals, and one-year • performance evaluation. S Contract -Prime Agreement-GARVER 022403 2.2.5 Furnish CITY OF FAYETTEVILLE with 10 copies of the final Bid Documents. 2.2.6 Determine land and easement requirements and provide consultation and assistance on property procurement as related to professional engineering services being performed. 2.2.7 Provide appropriate professional interpretations of data, geotechnical investigations, core borings, probings and subsurface explorations, hydrographic surveys, laboratory tests, and inspections of samples, materials and equipment obtained through subcontract services for authorized Project services including property, boundary, easement, right-of-way, topographic, and utility surveys; noting zoning and deed restrictions. 2.2.7.1 Fully disclose all subcontract agreements including the name and address of the subconsultant, the scope of services to be provided, and the value of the subcontract agreement. 2.2.7.2 Incorporate into all subcontract agreements for planning and design engineering services the applicable milestone dates from the Submittal Schedule contained in the Memorandum of Agreement, as amended, between ASWCC and the CITY OF FAYETTEVILLE and require all GARVER subconsultants to be bound by the Submittal Schedule. GARVER will submit a preliminary and a final project performance workplan to ASWCC. 2.2.8 Render monthly Work progress reports to CITY OF FAYETTEVILLE and Program Manager and confirm status of compliance with final design schedule. 2.2.9 Provide to the Program Manager in a format mutually acceptable to the Program Manager and GARVER such schedules, reports, opinions of probable costs, renderings, project summaries, and other data as may be required, for posting by others on a project web site to allow the public to monitor and review the activities, materials, and financial status of the project. Refresh the data supplied to the Program Manager no more frequently than monthly. 2.2.10 Design shall be reviewed by CITY OF FAYETTEVILLE, or such parties as CITY OF FAYETTEVILLE shall designate, at the applicable completion levels outlined below. 2.2.10.1 West Side Collection System Improvements — 30 percent and 90 percent. �I �I • sl 2.2.10.2 East Side Collection System Improvements — 30 percent and 90 percent. • •I Contract -Prime Agreement-GARVER 022403 a • • 2.2.10.3 West Side WWTP: •• Plant Access Road and Improvements — 30 percent and 90 percent. • Plant Effluent Line — 30 percent and 90 percent. West Side Wastewater Treatment Plant — 30 percent, 60 percent, and 90 percent. 0 2.2.10.4 Paul Noland Facility: • Wet Weather Package — 30 percent and 90 percent. • Headworks Package - 30 percent, 60 percent, and 90 percent. r • Solids Handling Package - 30 percent, 60 percent, and 90 percent. 2.2.11 See Appendix A for additional services or clarification of services to be provided by GARVER. 0 2.3 Bidding Phase 2.3.1 GARVER will follow Arkansas Soil and Water Conservation Commission statutory bidding • protocol for State Revolving Loan Fund. 2.3.2 Arrange for bidding notices to be sent to contractors publishing services and direct mailing to contractors of record. Notices shall comply with requirements of CITY OF FAYETTEVILLE and Revolving Loan Fund (RLF) administered by the Arkansas Soil and Water Conservation Commission, Construction Assistance Division, and the Arkansas Development Finance Authority (ADFA). The legal notice to be placed in legal notices section of a local newspaper(s) of countywide and statewide circulation and shall be coordinated with CITY OF FAYETTEVILLE purchasing agent and an affidavit of • publication secured. 2.3.3 Prepare addenda for drawings and Bid Documents as required and submit to Program Manager in timely manner such that addenda can be issued by GARVER in accordance with Construction Contract General Conditions. All bidding protocols shall conform to ASWCC statutory requirements with all addenda being approved by ASWCC prior to issuance. 2.3.4 Secure updated state and federal wage rate decisions and incorporate into the Bid Documents. • Update wage rate decision by addendum if necessary. • • Contract -Prime Agreement-GARVER 022403 •I 2.3.5 Assist CITY OF FAYETTEVILLE by issuing and tracking Bid Documents, addenda and • communications during bidding and maintain list of plan holders. Print and distribute copies of plans and specifications for all prospective bidders and plan rooms. Collect from prospective bidders an appropriate non-refundable fee to offset cost of reproducing and distributing Bidding Documents. rI 2.3.5.1 GARVER shall attend a Pre -Bid Conference organized, convened, and conducted by the Program Manager to explain the project requirements and receive questions from prospective bidders. GARVER shall consider the questions received and issue necessary clarifications and changes to the Bid Documents through the use of addenda. Make logistical arrangements for and conduct a site tour of the project area. 2.3.6 Assist CITY OF FAYETTEVILLE in obtaining and evaluating bids and preparing construction contracts. GARVER shall prepare and submit bid certification documents to ASWCC for review. 2.3.7 Consult with and advise CITY OF FAYETTEVILLE as to the acceptability of subcontractors and other persons and organizations proposed by the prime construction contractor(s), hereinafter called "Contractor(s)," for those portions of the work as to which such acceptability is required by the Bid Documents. 0I • III 2.3.8 Make recommendations regarding award of construction contracts. a 2.3.9 Attend Water and Sewer Committee meeting and the ensuing City Council meeting to recommend action by the respective bodies. Prepare and present a recommendation complete with such supporting information as necessary for the bodies to make an informed decision on the action recommended. 2.3.10 Develop and include in Appendix B of this Agreement, a bidding services schedule in which GARVER shall include, in an acceptable level of detail, the steps and milestone dates to be undertaken by GARVER in the completion of the bidding services. The bidding services schedule shall consist of a bar chart schedule depicting the duration of the bidding period of each sub -project and the discrete milestone activities which make up the sub -projects. Separate line items and durations may be shown for costs that apply to the Project as a whole, including, but not limited to, Project Management and Administration, and Insurance. GARVER shall assign to each schedule activity of the bidding services schedule a 0I •I Contract -Prime Agreement-GARVER 022403 i• • corresponding cost value which shall include a monthly allocation for labor, expenses, • overhead, and profit. The sum of all cost values assigned shall equal the Lump Sum Amount shown in Section 6.1.2. of this Agreement. 1• 1r 1. I0 • I-; 1t IN IN 2.3.11 See Appendix B for additional services or clarification of services to be provided by GARVER. 2.4 Construction Phase 2.4.1 The scope of Construction Phase Services, if any, will be negotiated following completion of Design Phase Services. 2.5 Post -Construction Phase 2.5.1 The scope of Post -Construction Phase Services, if any, will be negotiated following completion of Design Phase Services. 2.6 Resident Services During Construction 2.6.1 The scope of Resident Services During Construction, if any, will be negotiated following completion of Design Phase Services. SECTION 3- ADDITIONAL SERVICES OF GARVER 3.1 General If authorized in writing by the CITY OF FAYETTEV ILLE Mayor and the City Council and agreed to in writing by GARVER, GARVER shall furnish or obtain from others Additional Services of the following types that are not considered normal or customary Basic Services. The scope of Additional Services may include: 3.1.1 Grant and LoanAssistance Prepare applications and supporting documents for governmental grants, loans, or advances. 3.1.2 Financial Consultation Consult with CITY OF FAYETTEVILLE's fiscal agents and bond attorneys and provide such • engineering data as required for any bond prospectus or other financing requirements. 1 Contract -Prime Agreement-GARVER 022403 I 3.1.3 Administrative Assistance • • Provide Contract and Project administration to the degree authorized by CITY OF FAYETTEVILLE. 3.1.4 Furnishing renderings or models of the Project for CITY OF FAYETTEVILLE's use. 3.1.5 Miscellaneous Studies • Investigations involving detailed consideration of operations, maintenance, and overhead expenses, and the preparation of rate schedules, earnings, and expense statements; feasibility studies; appraisals and valuations; detailed quantity surveys of material, equipment, and labor; and audits or inventories required in connection with construction performed by CITY OF FAYETTEVILLE. 3.1.6 Preparing to serve or serving as a witness for CITY OF FAYETTEVILLE in any litigation or other proceeding involving the Project. , 3.1.7 Extra Services 3.1.7.1 Services not specifically defined heretofore that may be authorized by CITY OF FAYETTEVILLE. • • 3.2 Contingent Additional Services 3.2.1 If services described under Contingent Additional Services in Paragraph 3.2 are required due to circumstances beyond GARVER's control, GARVER shall notify CITY OF FAYETTEVILLE and request a formal contract amendment approved by the Mayor and the City Council prior to commencing such services. If CITY OF FAYETTEVILLE deems that such services described in 3.2 are not required, CITY OF FAYETTEVILLE shall give prompt written notice to GARVER. If CITY OF FAYETTEVILLE indicates in writing that all or parts of such Contingent Additional Services are not required, GARVER shall have no obligation to provide those services. • 3.2.2 Making revisions in Drawings, Specifications, or other documents when such revisions are: 3.2.2.1 Required because of inconsistent approvals or instructions previously given by CITY OF FAYETTEVILLE, including revisions made necessary by adjustments in CITY OF FAYETTEVILLE's program or Project Budget. Contract -Prime Agreement-GARVER 022403 � I. I. I0 • U7 I• is • 3.2.2.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents. SECTION 4- RESPONSIBILITIES OF CITY OF FAYETTEVILLE CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of GARVER: 4.1 Provide full information as to CITY OF FAYE ii EVILLE's requirements for the Project. 4.2 Assist GARVER by placing at GARVER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 4.3 Guarantee access to and make all provisions for GARVER to enter upon public and private property as required for GARVER to perform his services under this Agreement. 4.4 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals, and other documents presented by GARVER and render in writing decisions pertaining thereto. 4.5 Provide such professional legal, accounting, financial, and insurance counseling services as may be required for the Project. 4.6 Designate in writing a person to act as CITY OF FAYETTEVILLE's representative with respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETI'EVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 4.7 Give prompt written notice to GARVER whenever CITY OF FAYETTEVILLE observes or otherwise becomes aware of any defect in the Project. 4.8 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. Pay directly to the governmental authorities the actual filing and permit fees. i. Contract -Prime Agreement-GARVER 022403 • 4.9 Pay for placement of legal notices and advertisements in newspapers or other publications required by program requirements of the Wastewater System Improvement Project. 4.10 Furnish, or direct GARVER to provide, necessary Additional Services as stipulated in Section 3 of this Agreement or other services as required. 4.11 If CITY OF FAYETTEVILLE's standard bidding requirements, Agreement forms and General Conditions are to be used, CITY OF FAYETTEVILLE shall provide copies of such documents for GARVER's use in coordinating the Contract Drawings and Specifications. 4.12 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to GARVER in a timely manner. SECTION 5- PERIOD OF SERVICE 5.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 5.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. GARVER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. SECTION 6- PAYMENTS TO GARVER 6.1 Compensation 6.1.1 Final Design Phase Services For the Scope of Services during the Final Design Phase described herein, CITY OF FAYETTEVILLE shall pay GARVER the lump sum amount of ONE MILLION SIX HUNDRED SEVENTY THOUSAND ONE HUNDRED TWENTY FOUR United States Dollars (US $1,670,124). 6.1.1.1 Subject to the City Council approval, adjustment of the lump sum amount may be made should GARVER establish and CITY OF FAYETTEVILLE agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed; or if CITY OF FAYETTEVILLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such Contract -Prime Agreement-GARVER 022403 • • 0 I. I. I0 • modification warrants such adjustment. Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. 6.1.1.2 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for Design services consistent with GARVER's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by GARVER and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project design schedule as the basis for determining the value earned as the work is accomplished. Final payment for Design services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the Design phase for the Project. 6.1.2 Bidding Phase Services For the Scope of Services during the Bidding Phase described herein, CITY OF FAYETTEVILLE shall pay GARVER the lump sum amount of FIFTY ONE THOUSAND SEVEN HUNDRED SIXTY TWO United States Dollars (US $51,762). 6.1.2.1 Subject to prior City Council approval, adjustment of the lump sum amount may be made should GARVER establish and CITY OF FAYETTEVILLE agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed; or if CITY OF FAYETTEVILLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. 6.1.2.2 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for Bidding Phase services consistent with GARVER's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by GARVER and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated bidding services schedule as Contract -Prime Agreement-GARVER 022403 •I the basis for determining the value earned as the work is accomplished. Final payment for Bidding Phase services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the Bidding Phase for the Project. 6.1.3 Construction Phase Services This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Design Phase Services. 6.1.4 Post -Construction Phase Services This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Design Phase Services. 6.1.5 Resident Services During Construction This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Design Phase Services. 6.1.6 Additional Services For authorized Additional engineering services under Section 3, "Additional Services", compensation to GARVER shall be negotiated at the time Additional services are authorized. 6.2 Statements Statements and updated progress schedule for each calendar month will be submitted in electronic format simultaneously to CITY OF FAYETTEVILLE and Program Manager, followed by signed original document to CITY OF FAYETTEVILLE. Statements will be based on GARVER's estimated percent of services completed at the end of the preceding month, and justified by the updated progress schedule. Program Manager shall review the statement and forward them to CITY OF FAYETTEVILLE with his recommendations. 6.3 Payments •I AI •I • 0I All statements are payable upon receipt and due within thirty (30) days. If a portion of GARVER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise GARVER in writing of the • L3 •I •1 Contract -Prime Agreement-GARVER 022403 • I basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 6.4 Final Payment Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, GARVER shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by GARVER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against GARVER or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 7- GENERAL CONSIDERATIONS • • 7.1 Insurance 7.1.1 During the course of performance of these services, GARVER will maintain (in United States Dollars) the following minimum insurance coverages: Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim GARVER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. Contract -Prime Agreement -GAR V ER 022403 7.1.2 7.1.3 7.2 7.2.1 Construction Contractors shall be required to provide (or CITY OF FAYETTEVILLE may provide) Owner's Protective Liability Insurance naming CITY OF FAYETTEVILLE as a Named Insured and BURNS & McDONNELL and GARVER as additional insureds, or, to endorse CITY OF FAYETTEVILLE, BURNS & McDONNELL and GARVER ENGINEERS as additional insureds on construction Contractor's liability insurance policies covering claims for personal injuries and property damage. Construction Contractors shall be required to provide certificates evidencing such insurance to CITY OF FAYETTEVILLE, BURNS & McDONNELL and GARVER. All contract insurance carriers shall be required to list GARVER, CITY OF FAYETTEVILLE, Arkansas Soil and Water Conservation Commission, and BURNS & McDONNELL as certificate holders, furnishing copies of the contractor's insurance certificate to each party. CITY OF FAYETTEVILLE, BURNS & McDONNELL and GARVER waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of GARVER's services. If the services result in a Construction Phase, a provision similar to this shall be incorporated into all Construction Contracts entered into by CITY OF FAYETTEVILLE, and all construction Contractors shall be required to provide waivers of subrogation in favor of CITY OF FAYETTEVILLE, BURNS & McDONNELL and GARVER for damage or liability covered by any construction Contractor's policy of insurance. Professional Responsibility GARVER will exercise reasonable skill, care, and diligence in the performance of GARVER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to GARVER any defects or suspected defects in GARVER's services of which CITY OF FAYETTEVILLE becomes aware, so that GARVER can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE and GARVER further agree to impose a similar notification requirement on all construction contractors in the Bid Documents and shall require all subcontracts at any level to contain a like requirement. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of GARVER. Contract -Prime Agreement-GARVER 022403 •01 7.2.2 In addition GARVER will be responsible to CITY OF FAYETTEVILLE for damages caused by its negligent conduct during its activities at the Project Site to the extent covered by GARVER's Commercial General Liability and Automobile Liability Insurance policies as specified in Paragraph 7.1.1. 7.3 Cost Opinions and Projections Cost opinions and projections prepared by GARVER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on GARVER's experience, qualifications, and judgment as a design professional. Since GARVER has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, GARVER does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by GARVER 7.4 Changes CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of GARVER's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the President or any Vice President of GARVER. 7.5 Termination 7.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other parry is given: 7.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.5.1.2 An opportunity for consultation with the terminating party prior to termination. Contract -Prime Agreement-GARVER 022403 •1 7.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that GARVER is given: 7.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, • •1 7.5.2.2 An opportunity for consultation with the terminating party prior to termination. • 7.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 7.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 7.5.3.2 Any payment due to GARVER at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of GARVER's default. 7.5.4 If termination for default is effected by GARVER, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to GARVER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by GARVER relating to commitments which had become firm prior to the termination. 7.5.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 above, GARVER shall: 7.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 7.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by GARVER in performing this Agreement, whether completed or in process. 7.5.6 Upon termination under Paragraphs 7.5.1 or 7.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 7.5.7 If, after termination for failure of GARVER to fulfill contractual obligations, it is determined that GARVER had not failed to fulfill contractual obligations, the termination shall be Contract -Prime Agreement-GARVER 022403 •1 •1 • 0I • • deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, • adjustments of the agreement price shall be made as provided in Paragraph 7.5.4 of this clause. 7.6 Delays • 0 � • In the event the services of GARVER are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond GARVER's reasonable control, GARVER shall be entitled to additional compensation and time for reasonable costs incurred by GARVER in temporarily closing down or delaying the Project. 7.7 Rights and Benefits GARVER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 7.8 Dispute Resolution 7.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and GARVER which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or GARVER in the performance of this Agreement, and disputes concerning payment 7.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 7.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 7.8.3 and 7.8.4 have been complied with. 7.8.3 Notice of Dispute 7.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice; 7.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give GARVER written Notice at the address listed in Contract -Prime Agreement -CARVER 022403 Paragraph 7.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 7.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and GARVER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of GARVER and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 7.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to GARVER for services rendered by GARVER. 7.10 Publications Recognizing the importance of professional development on the part of GARVER's employees and the importance of GARVER's public relations, GARVER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to GARVER's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to GARVER. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of GARVER's activities pertaining to any such publication shall be for GARVER's account. 7.11 Indemnification 7.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE, BURNS & McDONNELL, and GARVER from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. Contract -Prime Agreement-GARVER • 0I si •I •I • • 022403 • • • 7.12 Computer Models GARVER may use or modify GARVER's proprietary computer models in service of CITY OF FAYETTEVILLE under this Agreement, or GARVER may develop computer models during GARVER's service to CITY OF FAYETTEVILLE under this Agreement. Such use, modification, or development by GARVER does not constitute a license to CITY OF FAYETTEVILLE to use or modify GARVER's computer models. Said proprietary computer models shall remain the sole property of the GARVER. CITY OF FAYETTEVILLE and GARVER will enter into a separate license agreement if CITY OF FAYETTEVILLE wishes to use GARVER's computer models. 7.13 Ownership of Documents All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD drawings and cross sections, estimates, specification field notes, and data are and remain the property of CITY OF FAYETTEVILLE. GARVER may retain reproduced copies of drawings and copies of other documents. Engineering documents, drawings, and specifications prepared by GARVER as part of the Services shall become the property of CITY OF FAYETTEVILLE when GARVER has been compensated for all Services rendered, provided, however, that GARVER shall have the unrestricted right to their use. GARVER shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of GARVER. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. GARVER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 0 7.14 Notices • • Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: City of Fayetteville: Attn: Greg Boettcher r Contract -Prime Agreement-GARVER 022403 113 West Mountain Fayetteville, AR 72701 GARVER's address: Garver Engineers: Attn: Brock Hoskins 3810 Front Street, Suite 10 Fayetteville, AR 72703 ASWCC's address: Proiect No. CS -050803-03 Arkansas Soil and Water Conservation Commission 101 E. Capitol, Suite 350 Little Rock, AR 72201 7.15 Successor and Assigns CITY OF FAYETTEVILLE and GARVER each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor GARVER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 7.16 Controlling Law This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 7.17 Entire Agreement This Agreement represents the entire Agreement between GARVER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to GARVER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by GARVER, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. Contract -Prime Agreement-GARVER • 0I • 022403 C7 •1 • • SECTION S - SPECIAL CONDITIONS • 8.1 Additional Responsibilities of GARVER: 8.1.1 CITY OF FAYETTEVILLE's or Arkansas Soil and Water Conservation Commission's (ASWCC's) review, approval, or acceptance of design drawings, specifications, reports and • other services furnished hereunder shall not in any way relieve GARVER of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's nor ASWCC's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the • performance of this Agreement. 8.1.2 GARVER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by GARVER's negligent performance of any of the • services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE- furnished data. • • 8.1.3 GARVER's obligations under this clause are in addition to GARVER's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against GARVER for faulty materials, equipment, or work. • 8.2 Remedies Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other • matters in question between CITY OF FAYETTEVILLE and GARVER arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 8.3 Audit: Access to Records • 8.3.1 GARVER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. GARVER shall also maintain the financial information and data used by • GARVER in the preparation of support of the cost submission required for any negotiated • agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost • Contract -Prime Agreement-GARVER 022403 • summary submitted. The United States Environmental Protection Agency, the Comptroller General of the United States, the United States Department of Labor, CITY OF • FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. GARVER will provide proper facilities for such access and inspection. • 8.3.2 Records under Paragraph 8.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy • arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. • 8.3.3 This right of access clause (with respect to financial records) applies to: 8.3.3.1 Negotiated prime agreements: 8.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the • • price of any formally advertised, competitively awarded, fixed price agreement: 8.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 8.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of GARVER; 8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 8.3.3.3.3 If the subagreement is terminated for default or for convenience. 8.4 Covenant Against Contingent Fees GARVER warrants that no person or selling agency has been employed or retained to solicit or secure • this Agreement upon an agreement of understanding for a commission, percentage, brokerage or • continent fee, excepting bona fide employees or bona fide established commercial or selling agencies Contract -Prime Agreement-GARVER 022403 1• 1 • • maintained by GARVER for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. • 8.5 Gratuities 10 I. • • 8.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that GARVER or any of GARVER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, the State or EPA in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to GARVER terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 8.5.2 In the event this Agreement is terminated as provided in Paragraph 8.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against GARVER as it could pursue in the event of a breach of the Agreement by GARVER. Asa penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs GARVER incurs in providing any such gratuities to any such officer or employee. 8.6 Arkansas Freedom of Information Act City contracts and documents, including internal documents and documents of subcontractors and sub - consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, GARVER will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. Contract -Prime Agreement-GARVER 022403 8.7 Debarment And Suspension I certify that to the best of my knowledge and belief that the company that I represent and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000. DEBARMENT CERTIFICATION AUTHORIZED REPRESENTATIVE COMPANY SIGNA DATE: 51'103 PRINTED NAME: Brock Hoskins TITLE: Vice President Contract -Prime Agreement-GARVER 022403 • . _ IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and GARVER, by its authorized officer have made and executed this Agreement as of the day and year first above written. • • • CITY OF FAYETTEVILLE, ARKANSAS By: Mayor ATTEST: By: City Clerk GARVER ENGINEERS. LL /I/.i, I�►aa% I Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor and the City • Council in advance of the change in scope, cost, fees, or delivery schedule. E • ED END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES • Contract -Prime Agreement-GARVER 022403 • CITY OF FAYETTEVILLE • AGREEMENT FOR ENGINEERING SERVICES • APPENDIX A - SCOPE OF SERVICES FOR FINAL DESIGN PHASE This is Appendix A, consisting of seven pages, referred to in and part of the Agreement For Professional Engineering Services between the City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and Garver Engineers, LLC (GARVER) dated • Initial: CITY OF FAYETTEVILLE GARVER ENGINEERS, LLC • The following contains additional Scope of Services tasks for the Final Design Phase. Generally, the project will include the final design of wastewater improvements including gravity and force main sewers and pump stations necessary to transport wastewater to the renovated Noland Wastewater Treatment Plant as detailed in CARVER'S Preliminary Report for Fayetteville Wastewater Improvements - East Collection System, dated May 2001. • PART A - PROJECT ADMINISTRATION AND MANAGEMENT A.1 Project Administration a) Perform general project administration and management activities including project • ' initiation. b) Complete agreements with subconsultants. c) Perform internal project control including quality control, budgeting, and scheduling activities. Al Coordination and Meetings � a) Attend four-hour project kickoff meeting with CITY OF FAYETTEVILLE staff and other consultants involved in project. b) Attend monthly progress meetings with City Staff, Program Manager, and other consultants throughout the design period of the Eastside Collection Improvements (allows for 24 monthly meetings). • c) Coordinate design with other consultants to insure design will integrate with other designs and to allow for appropriate environmental considerations. d) Coordinate design with CITY OF FAYETTEVILLE Water and Sewer Department. e) Prepare for and attend three public meetings. f) Prepare for and attend four meetings with CITY OF FAYETTEVILLE Water and Sewer Committee. g) Prepare for and attend four CITY OF FAYETTEVILLE City Council Meetings. h) Meet with adjacent property owners as required. i) Furnish both preliminary and final plans to all known utility owners affected by the project and request construction cost estimates for the required utility relocations. Conduct coordination meetings among all known affected utility owners to enable them to coordinate efforts for any necessary utility relocations. These coordination • meetings will take place at the CITY OF FAYETTEVILLE offices or CARVER'S office. Garver Engineers — City of Fayetteville Appendix A • • • j) Meet and coordinate with Arkansas DEQ, AHTD, and ADH as necessary to obtain permits for construction of project. A total of three meetings, one with each group, is • anticipated. k) Coordinate with CITY' OF FAYETTEVILLE Landscaping Department regarding trees. 1) Convert drawings to new CITY OF FAYETTEVILLE CAD standards. � A.3 Value Engineering Participate in Value Engineering (VE) Study with CITY OF FAYETTEVILLE and CITY OF FAYETTEVILLE'S consultant. GARVER staff will participate as detailed in the Value Engineering fee spreadsheet (part of Appendix Al) attached and will provide plan sheets and other documents as requested by the VE team. GARVER will incorporate the final list of • accepted VE revisions into the construction documents. PART B - SURVEYS B.1 Surveys for Design For the line work, GARVER will conduct field surveys consisting of cross sections at intervals and for distances each side of the existing pipe centerline appropriate for modeling the existing ground, including any pertinent features or improvements between sections, along the designated route. Location of buildings and other structures, streets, drainage features, trees over eight inches • • in diameter, visible utilities as well as those underground utilities marked by their owners and/or representatives, and any other pertinent topographic features that may be present on the route, will be located. For the pump station sites, GARVER will conduct radial topography field surveys to locate buildings and other structures, streets, drainage features, trees over eight inches in diameter, visible utilities as well as those underground utilities marked by their owners and/or representatives, and any other pertinent topographic features that may be present on the site. Permanent control points will be established along the line routes and pump station sites utilizing GPS methods in combination with electronic total stations and data collectors noting the coordinates and elevations to the nearest 0.01 foot. All survey data will be tied to the CITY OF • FAYETTEVILLE'S plane coordinate system and all elevations will be tied to the National Geodetic Vertical Datum (NGVD) 1929. The location of a significant part of Line 7 is not evident due to long distances between manholes and curves in the line. The CITY OF FAYETTEVILLE wants GARVER to be responsible for determining the horizontal location of the existing line prior to surveying it. GARVER will • subcontract with EnTech Engineering Inc., who will determine and mark the horizontal location of the line to the extent possible and practical utilizing ground penetrating radar and/or infrared thermography. B.2 Property Surveys GARVER will locate existing monumentation representing right of way and/or easements based • on record data which will be provided by a subconsultant to GARVER. GARVER will provide • Garver Engineers - City of Fayetteville Appendix A •I surveying and mapping as required to prepare right-of-way acquisition documents for the City's • I use. • PART C — PROPERTY ACQUISITION DOCUMENTS Documentation will include a key map showing all affected properties and an individual tract map with description of temporary and permanent acquisition for each property along each line route and for each pump station site. GARVER'S fee is based on preparing permanent acquisition documents for an estimated 60 properties and temporary easement documents for 145 properties. PART D — DESIGN D.1 Linework GARVER will design and provide construction contract documents for the linework improvements discussed in the following paragraphs. D. 1.1 Line 4 (Parallel Gravity Sewer Service Lines along Town Branch) Line 4 is primarily comprised of three parallel lines located in the south part of Fayetteville flowing east near and parallel to Town Branch and serves as a major gravity collector for several mini -systems and other collector lines. One of these lines, the South Interceptor, is relatively new and will remain in place. The other two parallel pipes are both clay and are undersized for the proposed design flow. GARVER will design a new single larger diameter pipe to replace both of the undersized old clay pipes. The size of each segment along Line 4 will correspond to the sizes recommended in GARVER'S Preliminary Report. Within the pipe network of Line 4, over 34,000 linear feet of pipe will be abandoned and removed. The proposed improvements include approximately 16,000 linear feet of larger diameter pipe. D.1.2 Line 7 (Force Main from Pump Station 21 to the Noland Plant) This is an existing 36 -inch line, which functions as a gravity line and a force main, that transports wastewater from the White River Basin (from Pump Station No. 21) to the Noland Plant (approximately 25,000 feet). GARVER will design a new 48 -inch gravity line parallel to the existing 36 -inch line, which will remain in service as a gravity -only pipe. The interceptor at the Noland Plant will be coordinated with Black & Veatch and RJN. D.1.3 Line 13 (Force Main from Pump Station 13) Line 13 is located between Stonebridge Road and Highway 16 East and less than one (1) mile east of the Highway 16E and Highway 265 intersection. LINE 13 is an 8" force main that transports wastewater northward less than 100 feet before it connects to LINE 7. GARVER will design a new 10 -inch force main parallel to the existing force main, which will be abandoned in place. D.1.4 Line 15 (Force Main from Pump Station 15) Line 15 is located in the northeast corner of the Country Club Estates in south Fayetteville and Garver Engineers - City of Fayetteville Appendix A •I •1 ••1 C • and transports wastewater originating from the residences in this subdivision. LINE 15 is a 4" . force main that transports wastewater southwesterly approximately 1,100 feet where it terminates in a manhole on an existing gravity sewer line. GARVER will design a new 6 -inch force main parallel to the existing force main, which will be abandoned in place D. 1.5 Line 19 (Force Main from Pump Station 19) Line 19 transports wastewater originating from part of eastern Fayetteville and from the western • part of Elkins. LINE 19 is an 8" force main that transports wastewater northward approximately 4,000 feet until the force main joins LINE 7. GARVER will design a new 16 -inch force main parallel to the existing force main, which will be abandoned in place. D.2 Pump Stations D.2.1 Pump Station No. 13 Pump Station No. 13 is located at 878 South Stonebridge Road near the intersection of Highway 16 and Highway 265 and pumps flow from the Crossover Road area into the 36 -inch force main to the Paul Noland Treatment Plant. This station is the "can" type, operating at 480 volts, and • experiences problems due to inflow and infiltration during wet weather. VER will design for the following improvements: Two new, larger capacity, 6 -in submersible pumps New, larger capacity discharge valves and pump header New, larger capacity wet well New control building New odor control equipment New electrical generator for backup power Ancillary items related to these improvements • D.2.2 Pump Station No. 14 Pump Station No. 14 is located at 1820 South Armstrong just south of the Happy Hollow Pump Station (No. 21) and pumps flow from the industrial park area to Pump Station No. 21. This station is the "building" type, operating at 230 volts. GARVER will design for the following improvements: • Removal of the existing overflow line • New odor control equipment • New electrical generator for backup power electrical generator • Replacement of the wet well hatches and sump D.2.3 Pump Station No. 15 Pump Station No. 15 is located at 203 East 29ih Circle on South Mountain. This station is the "building" type and operates at 240 volts. This station experiences major problems due to old, • inadequate pumps. • GARVER will design for the following improvements: • Two new, larger capacity, 4 -in submersible pumps 0 Garver Engineers — City of Fayetteville Appendix A II • New, larger capacity discharge valves and pump header • • New, larger capacity wet well • New electrical generator for backup power • Ancillary items related to these improvements D.2.4 Pump Station No. 16 Pump Station No. 16 is located at 3917 South McCollum Road near the north end of Drake Field. This station is the "building" type, operating at 240 volts. GARVER will design for the following improvements: • Removal of the existing overflow line • New odor control equipment • New electrical generator for backup power electrical generator, and • Replacement of the wet well hatches and sump D.2.5 Pump Station No. 18 Pump Station No. 18 is located at 202 North Sandy (Greenland) near the south end of Drake Field and pumps flow from the Greenland area to a gravity line which flows to Pump Station No. 16. This station is the "can" type, operating at 240 volts. GARVER will design for the following improvements: • Rehabilitation of existing 4 -in pumps • Four new magnesium anode packs • • Structural repair and refinishing • New odor control equipment • New electrical generator for backup power • New sump • Ancillary items related to these improvements D.2.6 Pump Station No. 19 Pump Station No. 19 is located at 933 South Mallywagnon Road and pumps flow from the Highway 16/Lake Sequoyah Drive area to the 36 -inch force main to the Paul Noland Treatment Plant. This station is a "can" type, operating at 240 volts. GARVER will design for the following improvements: • Two new, larger capacity, 8 -in submersible pumps • New, larger capacity discharge valves and pump header • New, larger capacity wet well • New control building • New odor control equipment • New electrical generator for backup power • Ancillary items related to these improvements D.2.7 Pump Station No. 21 (Happy Hollow Pump Station) Pump Station No. 21 is located at 1687 Happy Hollow Road. The pump station currently has • •1 •I �I I1 •I el Si Garver Engineers — City of Fayetteville Appendix A � C • submersible centrifugal pumps in a wet -pit configuration but can also utilize gravity flow during low flow conditions. This pump station serves the industrial park area as well as the remaining pump stations and sewers in the White River drainage basin area and pumps flow in a 36 -inch line to the Paul Noland Treatment Plant. This station operates at 480 volts and experiences overflow problems. This station will be taken out of service. GARVER will design for the following improvements: • Demolishing, filling, capping, and abandoning the existing pump station structures, except for the flow splitting channel in the existing wet well structure • A new weir or other structure for both the proposed gravity line and the existing 36 -in line D.3 General GARVER will accomplish the following: 1. Utilize City -provided front end construction contract documents and Division 1 specifications. 2. Provide remaining Division 2 through 16 specifications. 3. Utilize City -provided drafting and design standards and criteria. • 4. Coordinate with RJN Group regarding odor control measures to be installed in the East and West Collection Systems and make every practical effort to utilize consistent equipment, materials, methods, etc. 5. Prepare an opinion of probable construction cost for each project and update the cost opinion at the time of receipt of bids for each project. • 6. Collect information for and prepare and submit applications for City construction permits. 7. Provide pump characteristics and specifications for large pumping units to Burns & McDonnell for possible advance purchase and assignment to construction contractors. Include in bidding documents instructions for shipping, receiving, unloading, handling, storage, installation, warranty, and startup for pumping units. • 8. Provide shop drawing review and approval, plant testing, field acceptance, and manufacturer's field services for pre -purchased pumping units. 9. Provide proposed architectural treatments and finishes to CITY OF FAYETTEVILLE for approval. 10. Submit to CITY OF FAYETTEVILLE, for Burns & McDonnell review and comment, five copies of work to date for each design review milestone as listed in Section 6.1.1.2 • of the Agreement for each project. For the comments accepted by the CITY OF FAYEIIEVILLE, incorporate into bidding documents. 11. Furnish to Burns & McDonnell a list of eligible tax exempt equipment for each project for certification as described in ASWCC RLF-53 (R-7/01). The following responsibilities are excluded from GARVER'S scope of work under this agreement: 1. Redesign for the CITY OF FAYEFIEVILLE'S convenience or due to changed conditions, after receiving approval of the design from the CITY OF FAYETTEVILLE. 2. Design of any utilities relocation other than water and sewer. 3. Wetlands identification, compensatory mitigation design, or any work related to • historically significant items. 4. SCADA design. • Garver Engineers - City of Fayetteville Appendix A • PART E - PHASING AND SCHEDULE • • E.1 Phasing The work will be accomplished in four phases (projects) to allow for four separate construction contracts, as described below (and in the following sequence). 1. Phase 1 - Pump Stations 13, 15, 19, and associated force mains 2. Phase 2- Line 7 and Pump Station 21 3. Phase 3 - Line 4 4. Phase 4 -Pump Stations 14, 16, 18 E.2 Schedule GARVER will begin work under this Agreement within ten days of written authorization and complete the work in accordance with the terms of the agreement. I PART F — SUBCONTRACTING GARVER has made agreements with Grubbs, Hoskyn, Barton, & Wyatt for geotechnical investigations and with Washington County Abstract for property record research. GARVER has made agreements with Holloway, Updike & Bellen; and Gore Engineering and Land Surveying for potential surveying work. The subcontracted surveying work will be provided only on an "as • S directed" basis in an effort to expedite the work, as deemed appropriate by GARVER. GARVER has also made an agreement with EnTech Engineering Inc. for locating portions of Line 7 prior to surveying it. • PART G — FEES A breakdown of GARVER'S fees is included in Appendix Al. An attempt has been made to estimate the escalation of GARVER'S staff salaries, overhead, and other costs in accordance with the anticipated times for performance of the work as indicated in the schedule, and these costs are S included in the fees proposed herein. • • Garver Engineers - City of Fayetteville Appendix A • • • • APPENDIX Al CITY OF FAYETTEVILLE EAST WASTEWATER COLLECTION SYSTEM IMPROVEMENTS • FEE SUMMARY - DESIGN PHASE Phase 1 - Pump Stations 13, 15, and 19 and associated force main improvements • Design & Property Surveys $48,926 Property Acquisition Documents $32,322 Preliminary Design $133,011 Final Design $139,363 Total 53,622 Phase 2- Line 7, Pump Station 21 • • Design & Property Surveys Property Acquisition Documents Preliminary Design Final Design Phase 3 - Line 4 Total $68,898 $43,795 $152,757 Design & Property Surveys $63,844 Property Acquisition Documents $29,478 • Preliminary Design $140,846 Final Design $162,287 Phase 4 -Pump Stations 14, 16 & 18 • Design & Property Surveys $16,705 Property Acquisition Documents $0 Preliminary Design $58,896 Final Design $63,307 • Geotechnical Investigations Property Record Research (Abstractor) Locator Service (Line 7) Project Administration/Management/VE Study Sales Tax • • f�7 9[�7;1��I_79 4r1 iI;-3rlily�4 $42,225 $15,000 $69,729 $180,680 $0 $1,670,124 L II 9 FW WI °z a a� 25 LL 2 p �NQ� pa Q UW b uumommmo iooiinnnmo IlIlIHIHIOllIHI nnmo11111101 ii�il�i�iliii IHImnnnnno flfflffljonnnmo in i io IIOIllHHIOHIH 11iPililiil EIIHIHHOHOH I OHIHIHIHHIII • ii p. 8 i8 • s a f: ' 'N s W+ I- aHO • • II • ' •I •I • • I. 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' N Y CI r Y u I• I• I0 1• L • CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES I• • APPENDIX B - SCOPE OF SERVICES FOR BIDDING PHASE This is Appendix B, consisting of one page, referred to in and part of the Agreement For Professional Engineering Services between the City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and Garver Engineers, LLC (GARVER) dated Initial: CITY OF FAYETTEVILLE_ GARVER ENGINEERS. LLC The following is the Scope of Services for the Bidding Phase. During the "Bidding Services" phase of the project, GARVER will dispense construction contract documents to prospective bidders (at the approximate cost of reproduction and handling), support the contract documents by preparing addenda as appropriate, participate in a pre -bid meeting, attend the bid opening, prepare bid tabulation, evaluate bids, recommend award, prepare construction contracts, and issue a Notice to Proceed letter to the Contractor. GARVER will also attend a Water and Sewer Committee Meeting and the ensuing City Council Meeting. These services will be provided for four separate construction contracts. A breakdown of GARVER'S fee is included in attached Appendix BI, and a schedule is included in Appendix A2. Garver Engineers - City of Fayetteville Appendix B _ . . ||||. , . 0 . . |||. . , . . . @ !!||� . . . . . I|. . . , . . • i|. . . . ..| e 'Ii |. . . . . . ||| | 0 . . . . . a § |. . . . . |§|. . | |7§I.. |§|. , . . e . ....._ „ . _•' 2...� k® § | I | �§ !|. i e I 0K}(§§ | IH1fflihuiIiJI1;iiiUIIi1h | / , - e r to • McGOODWIN, WILLIAMS AND YATES =< • West Side Wastewater Treatment Facilities o� Wetland Mitigation Design Broyles Road Design • 1. CONSULTANT OVERVIEW SHEET • 2. PROJECT RESPONSIBILITY MAP 3. PROFESSIONAL SERVICES AGREEMENT • • • • • Fayetteville City Council Meeting - June 10, 2003 • Wastewater Project Design/Bidding Contracts 29 • I• I• 1• Joe WASTEWATER SYSTEM IMPROVEMENT PROJECT FAYETTEVILLE, ARKANSAS PROJECT TITLE: West Side Wastewater Treatment Facility CONSULTANT: McGoodwin, Williams and Yates, Inc. (MWY) 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Project Manager: James C. Ulmer, P.E• Pb: 479-443-3404 Email: julmer(a mwyusa.com 111 :EIC.XMIJ VEN 97' 4 !I1ItTjj1 Ji c. Green -Anderson of Fayetteville, Arkansas Providing assistance in the preparation of the Mechanical/HVAC Plans and Specification for the project. 1 1' BACKGI-aROUND:II • • . . •111 1 I\ I I :I K 1 designed 1 1 1• 1 M 1• .I w• iat 11 V n I 1` V. toranging ii :1,1•1(j. 1.1 Y• 1 1 • thousand 111 1• 1 • 1 1♦ • f.' 11 YI II I M 1 1 :1: 1 1. •• iY N -• , 1 1 1: 1 11 Y.1 1" 1 w 11iI 1 1 1 1 •111 111•�1I 1111 I 1 w 1•1 1• .1 1 1 ru 11 J.. 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L'Cc'-i'� �T.v�?'1(" ^J{'•F`4\" �-S c'i i.t-V^".-G"-1S • • AGREEMENT For • PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And McGOODWIN, WILLIAMS AND YATES, INC. • THIS AGREEMENT is made as of , 20, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and McGoodwin, Williams and Yates, Inc. with offices located in Fayetteville, Arkansas (hereinafter called • MWY). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the planning, design, permitting, construction, operation, maintenance, management, and financing • of the Fayetteville Wastewater System Improvement Project and in particular the new West Side Wastewater Treatment Plant, Effluent Line, Broyles Road Improvements, and Wetlands Mitigation (The "Project"). Therefore, CITY OF FAYETTEVILLE and MWY in consideration of their mutual covenants agree as follows:• •• MWY shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of MWY's services. All services shall be performed under the • direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. If Construction Phase Services are to be provided by MWY under this Agreement, the construction shall be executed under the observation of a professional engineer registered in the State of Arkansas in accordance with Arkansas Code Amended §22-9-101. • SECTION 1- AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of MWY. • 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of MWY. • 1.3 Changes, modifications or amendments in scope, price or fees to this contract • shall not be allowed without a formal contract amendment approved by the • Professional Services-Design-Final-May2003.doc 052303 S Mayor and the City Council in advance of the change in scope, costs, fees, or • delivery schedule. • SECTION 2- BASIC SERVICES OF MWY 2.1 General • 2.1.1 Perform professional design services in connection with the Project as hereinafter stated, which shall include normal civil, structural, mechanical, and electrical engineering services and normal architectural design services incidental thereto. • 2.1.1.1 The Scope of Services to be furnished by MWY during the Final Design Phase is included in Section 2.2 hereafter and in Appendices A-1, A-2, and A-3 attached hereto and made part of this Agreement. • 2.1.1.2 The Scope of Services to be furnished by MWY during the Bidding Phase is included in Section 2.3 hereafter and in Appendices A-1, A-2, and A-3 attached hereto and made part of this Agreement. 2.1.1.3 The Scope of Services to be furnished by MWY during the Construction Phase, if any, • • will be finalized and contained in an amendment to this Agreement after Final Design is completed. 2.1.1.4 The Scope of Services to be furnished by MWY during the Post -Construction Phase, if • any, will be finalized and contained in an amendment to this Agreement after Final Design is completed. 2.1.1.5 The preliminary Scope of Services to be furnished by MWY for Resident Services • During Construction, if any, will be finalized and contained in an amendment to this Agreement after Final Design is completed. 2.1.2 C1TY OF FAYETTEVILLE has retained the services of BURNS & McDONNELL • ENGINEERING COMPANY, INC., a Missouri Corporation specializing in consulting engineering services, as the "Program Manager" for the Wastewater System Improvement Project. The professional design services to which this Agreement applies are a part of the Wastewater System Improvement Project. MWY shall coordinate their activities and • • services primarily with Program Manager and all other parties that CITY OF Professional Services-Design-Final-May2003.doc 052303 • r • I• 1• I• FAYETTEVILLE may contract with for program management or professional design services as a part of the Wastewater System Improvement Project. MWY and CTTY OF FAYETTEVILLE agree that MWY has full responsibility for the engineering design. 2.2 Final Design Phase 2.2.1 Prepare for incorporation in the Contract Documents detailed drawings to show the character and scope of the Work to be performed by contractors on the Project (hereinafter called the "Contract Drawings"), and Invitation to Bid, Instructions to Bidders, Bid Form, Agreement and Bond forms, General Conditions, and Specifications (all of which, together with the Contract Drawings, are hereinafter called the "Bid Documents") for review and approval by CITY OF FAYETTEVILLE, its legal counsel, and other advisors as appropriate, and assist CITY OF FAYETTEVILLE in the preparation of other related documents. I. 2.2.1.1 Bid documents shall be based on Construction Specifications Institute (CSI) Master rJ Format and Section Format and shall incorporate CITY OF FAYETTEVILLE's standard general conditions and forms. Bid documents shall include required forms for State Revolving Loan Fund funding. Text documents shall be provided to CITY OF FAYETTEVILLE in Microsoft e Word version 97, SR -2 software. Contract drawings shall be prepared using standard borders, sheet sizes, title blocks and CADD standards provided by CITY OF FAYETTEVILLE. MWY may use their normal software for the preparation of drawings but the final product shall be provided to CITY OF FAYETTEVILLE in Autodesk AutoCAD version 2000. 2.2.1.2 Develop and include in Appendices A-1, A-2, and A-3 of this Agreement for approval by CITY OF FAYETTEVILLE, a project design schedule in which MWY shall include, in an acceptable level of detail, the steps and milestone dates to be undertaken by MWY in the completion of this final design. This Schedule shall include reasonable allowances for review and approval times required by CITY OF FAYETTEVILLE, performance of services by CITY OF FAYETTEVILLE's consultants, and review and approval times required by public authorities having jurisdiction over the Project. This schedule shall be equitably adjusted as the Project progresses, allowing for changes in scope, character or size of the Project requested by CITY OF FAYETTEVILLE, or for delays or other causes beyond MWY's reasonable control. Nonconformance with this schedule by MWY and its subconsultants may result in the assessment of damages payable by MWY Professional Services-Design-Final-May2003.doc 052303 •I to the CITY OF FAYETTEVILLE for costs and damages incurred. The maximum cost • liability of MWY shall be limited to the total gross amount payable to or through the Consultant authorized under this agreement, including amendments thereto. 2.2.1.2.1 The progress design schedule shall consist of a bar chart schedule depicting the duration of each sub -project and the discrete milestone activities which make up the sub -projects, but at a minimum shall include contract drawings, contract specifications, and design reviews as indicated in Section 2.2.10. Separate line items and durations may be shown for costs that apply to the Project as a whole, including, but not limited to, Project Management and Administration, Insurance, Value Engineering, surveys, subcontracted work, and property acquisition and easement documents. MWY shall assign to each schedule activity of the progress design schedule a corresponding cost value that shall include a monthly allocation for labor, expenses, overhead, and profit. The sum of all cost values assigned shall equal the Lump Sum Amount shown in Section 6.1.1. of this Agreement. 2.2.1.3 When requested by the CITY OF FAYETTEVILLE's Water and Wastewater Director, •I •I •I •1 prepare for and attend up to four City Council meetings to provide periodic updates on • • I the progress of the final design. 2.2.1.4 If the plans and specifications for the project require bids on alternates in addition to a base bid, there shall be no more than three (3) alternates, and the alternates shall be developed and described in accordance with Title 22, Article 9-203 of the Arkansas Code. 2.2.1.5 To the extent practicable, evaluate the feasibility of sequencing and segmenting the Work into stand alone multiple construction or procurement packages which may yield immediate operating benefits to the CITY OF FAYETTEVILLE and give these first priority for completion. The separate design or procurement packages to be completed by MWY are listed below. 2.2.1.5.1 1. Broyles Road construction from the south property line in the city propertynorth to the intersection of Persimmon Street. •I Si 2.2.1.5.2 2. West Side Wastewater Treatment Plant Effluent Line. • I 2.2.1.5.3 3. West Side Wastewater Treatment Plant. • Professional Services-Design-Final-May2003.doc 052303 • I I• • 2.2.1.5.4 4. Wetlands Mitigation on the West Side WWTP Property. • 2.2.2 Prepare technical criteria, written descriptions, design data, and applications necessary for filing applications for permits from or approvals of the following applicable governmental authorities having jurisdiction to review or approve the final design of the Project and assist • in securing approvals. Approval letters and permits shall be furnished to the Arkansas Soil and Water Conservation Commission, including the written approvals from the Arkansas Department of Health and the Arkansas Division of Environmental Quality. Actual Filing and Permit Fees will be paid by the CITY OF FAYETTEVILLE. Assist CITY OF • FAYETTEVILLE in consultations with appropriate authorities. 2.2.2.1 Arkansas Soil and Water Conservation Commission (ASWCC) 2.2.2.2 Arkansas Department of Health (AHD) • 2.2.2.3 Arkansas Department of Environmental Quality (ADEQ) 2.2.2.4 U.S. Army Corps of Engineers (COE) • •2.2.2.5 Fayetteville Planning Commission 2.2.2.6 Washington County Quorum Court I • 2.2.2.7 City of Greenland 2.2.2.8 City of Farmington 2.2.2.9 Arkansas State Highway and Transportation Department • 2.2.2.10 Railroad Authorities 2.2.3 Advise CITY OF FAYETTEVILLE of adjustments in excess of five percent of the cost • opinion for the Project caused by changes in scope, design requirements, or construction costs and furnish a revised cost opinion for the Project based on the final Bid Documents. 2.2.4 Advise CITY OF FAYETTEVILLE of final Opinion of Probable Project Costs, including, • but not limited to, construction, inspection, testing, startup, O&M Manuals, and one-year • performance evaluation. • Professional Services-Design-Final-May2003.doc 052303 •I 2.2.5 Furnish CITY OF FAYETTEVILLE with 10 copies of the fmal Bid Documents. • 2.2.6 Determine land and easement requirements and provide consultation and assistance on • property procurement as related to professional engineering services being performed. 2.2.7 Provide appropriate professional interpretations of data, geotechnical investigations, core borings, probings and subsurface explorations, hydrographic surveys, laboratory tests, and inspections of samples, materials and equipment obtained through subcontract services for authorized Project services including property, boundary, easement, right-of-way, topographic, and utility surveys; noting zoning and deed restrictions. 2.2.7.1 Fully disclose all subcontract agreements including the name and address of the subconsultant, the scope of services to be provided and the value of the subcontract agreement. 2.2.7.2 Incorporate into all subcontract agreements for planning and design engineering services the applicable milestone dates from the Submittal Schedule contained in the •I •I •I Memorandum of Agreement, as amended, between ASWCC and the CITY OF FAYETTEVILLE and require all MWY subconsultants to be bound by the Submittal • • Schedule. MWY will provide a preliminary and final project performance work plan for submission to ASWCC. 2.2.8 Render monthly Work progress reports to CITY OF FAYETTEVILLE and Program Manager and confirm status of compliance with final design schedule. 2.2.9 Provide to the Program Manager in a format mutually acceptable to the Program Manager and MWY such schedules, reports, opinions of probable costs, renderings, project summaries, and other data as may be required, for posting by others on a project web site to allow the public to monitor and review the activities, materials, and financial status of the project. Refresh the data supplied to the Program Manager no more frequently than monthly. 2.2.10 Design shall be reviewed by CITY OF FAYETTEVILLE, or such parties as CITY OF FAYETTEVILLE shall designate, at the applicable completion levels outlined below. •1 •1 •1 2.2.10.1 West Side Collection System Improvements — 30 percent and 90 percent. • 2.2.10.2 East Side Collection System Improvements — 30 percent and 90 percent. • Professional Services-Design-Final-May2003.doc 052303 • I• • 2.2.10.3 West Side WWTP: IS I• I• IS I.O • Broyles Road Improvements — 30 percent and 90 percent • Plant Effluent Line - 30 percent and 90 percent • West Side Wastewater Treatment Plant — 30 percent, 60 percent, and 90 percent. • Wetlands Mitigation — 30 percent and 90 percent. 2.2.10.4 Paul Noland Facility: • Wet Weather Package — 30 percent and 90 percent. • Headworks Package — 30 percent, 60 percent, and 90 percent. • Solids Handling Package — 30 percent, 60 percent, and 90 percent. 2.2.11 See Appendices A-1, A-2, and A-3 for additional services or clarification of services to be provided by MWY. 2.3 Bidding Phase 2.3.1 MWY will follow Arkansas Soil and Water Conservation Commission statutory bidding protocol for State Revolving Loan Fund. 2.3.2 Arrange for bidding notices to be sent to contractors publishing services and direct mailing to contractors of record. Notices shall comply with requirements of CITY OF FAYETTEVILLE and Revolving Loan Fund (RLF) administered by the Arkansas Soil and Water Conservation Commission, Construction Assistance Division, and the Arkansas Development Finance Authority (ADFA). The legal notice to be placed in legal notices section of a local newspapers) of countywide and statewide circulation and shall be coordinated with CITY OF FAYETFEVILLE purchasing agent and an affidavit of publication secured. 2.3.3 Prepare addenda for drawings and Bid Documents as required and submit to Program Manager in timely manner such that addenda can be issued by MWY in accordance with Construction Contract General Conditions. All bidding protocols shall conform to ASWCC statutory requirements with all addenda being approved by ASWCC prior to issuance. 2.3.4 Secure updated state and federal wage rate decisions and incorporate into the Bid Documents. Update wage rate decision by addendum if necessary. Professional Services-Design-Final-May2003.doc 052303 II 2.3.5 Assist CITY OF FAYETTEVILLE by issuing and tracking Bid Documents, addenda and communications during bidding and maintain list of plan holders. Print and distribute copies of plans and specifications for all prospective bidders and plan rooms. Collect from prospective bidders an appropriate non-refundable fee to offset cost of reproducing and distributing Bidding Documents. 2.3.5.1 MWY shall attend a Pre -Bid Conference organized, convened, and conducted by the Program Manager to explain the project requirements and receive questions from prospective bidders. MWY shall consider the questions received and issue necessary clarifications and changes to the Bid Documents through the use of addenda. Make logistical arrangements for and conduct a site tour of the project area. 2.3.6 Assist CITY OF FAYETTEVILLE in obtaining and evaluating bids and preparing construction contracts. MWY shall prepare and submit bid certification documents to ASWCC for review. 2.3.7 Consult with and advise CITY OF FAYETTEVILLE as to the acceptability of subcontractors and other persons and organizations proposed by the prime construction contractor(s), hereinafter called "Contractor(s)," for those portions of the work as to which such acceptability is required by the Bid Documents. 2.3.8 Make recommendations regarding award of construction contracts. 2.3.9 Attend Water and Sewer Committee meeting and the ensuing City Council meeting to recommend action by the respective bodies. Prepare and present a recommendation complete with such supporting information as necessary for the bodies to make an informed decision on the action recommended. 2.3.10 Develop and include in Appendices A-1, A-2, and A-3 of this Agreement, a bidding services schedule in which MWY shall include, in an acceptable level of detail, the steps and milestone dates to be undertaken by MWY in the completion of the bidding services. The bidding services schedule shall consist of a bar chart schedule depicting the duration of the bidding period of each sub -project and the discrete milestone activities which make up the sub -projects. Separate line items and durations may be shown for costs that apply to the Project as a whole, including, but not limited to, Project Management and Administration, and Insurance. MWY shall assign to each schedule activity of the bidding services schedule Professional Services-Design-Final-May2003.doc 052303 •1 •I •I •I 0.1 I • a corresponding cost value which shall include a monthly allocation for labor, expenses, • overhead, and profit. The sum of all cost values assigned shall equal the Lump Sum Amount shown in Section 6.1.2. of this Agreement. 2.3.11 See Appendices A -1, A-2, and A-3 for additional services or clarification of services to be provided by MWY. • 2.4 Construction Phase 2.4.1 The scope of Construction Phase Services, if any, will be negotiated following completion of • Design Phase Services. 2.5 Post -Construction Phase 2.5.1 The scope of Post -Construction Phase Services, if any, will be negotiated following completion of Design Phase Services. 2.6 Resident Services During Construction • • 2.6.1 The scope of Resident Services During Construction, if any, will be negotiated following completion of Design Phase Services. SECTION 3- ADDITIONAL SERVICES OF MWY • 3.1 General • • If authorized in writing by the CITY OF FAYETTEVILLE Mayor and the City Council and agreed to in writing by MWY, MWY shall furnish or obtain from others Additional Services of the following types that are not considered normal or customary Basic Services. The scope of Additional Services may include: 3.1.1 Grant and Loan Assistance Prepare applications and supporting documents for governmental grants, loans, or advances. 3.1.2 Financial Consultation • Consult with CITY OF FAME I L EVILLE's fiscal agents and bond attorneys and provide such • engineering data as required for any bond prospectus or other financing requirements. • Professional Services-Dcsign-Final-May2003.doc 052303 •1 3.1.3 Administrative Assistance Provide Contract and Project administration to the degree authorized by CITY OF FAYETTEVILLE. • 3.1.4 Furnishing renderings or models of the Project for CITY OF FAYETTEVILLE's use. 3.1.5 Miscellaneous Studies • Investigations involving detailed consideration of operations, maintenance, and overhead expenses, and the preparation of rate schedules, earnings, and expense statements; feasibility studies; appraisals and valuations; detailed quantity surveys of material, equipment, and labor; and audits or inventories required in connection with construction performed by CITY OF FAYETTEVILLE. 3.1.6 Preparing to serve or serving as a witness for CITY OF FAYETTEVILLE in any litigation or other proceeding involving the Project. 3.1.7 Extra Services •I •1 3.1.7.1 Services not specifically defined heretofore that may be authorized by CITY OF FAYETTEVILLE. • • 3.2 Contingent Additional Services 3.2.1 If services described under Contingent Additional Services in Paragraph 3.2 are required due to circumstances beyond MWY's control, MWY shall notify CITY OF FAYETTEVILLE and request a formal contract amendment approved by the Mayor and the City Council prior to commencing such services. If CITY OF FAYETTEVILLE deems that such services described in 3.2 are not required, CITY OF FAYETTEVILLE shall give prompt written notice to MWY. If CITY OF FAYETTEVILLE indicates in writing that all or parts of such Contingent Additional Services are not required, MWY shall have no obligation to provide those services. •I C7 •I 3.2.2 Malting revisions in Drawings, Specifications, or other documents when such revisions are: 3.2.2.1 Required because of inconsistent approvals or instructions previously given by CITY OF FAYETTEVILLE, including revisions made necessary by adjustments in CITY OF FAYETTEVILLE's program or Project Budget. • • Professional Services-Design-Final-May2003.doc 052303 • 1• 1• • 3.2.2.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents. SECTION 4- RESPONSIBILITIES OF CITY OF FAYETTEVILLE CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of MWY: I• 4.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 1• I. 1•• 4.2 Assist MWY by placing at MWY's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 4.3 Guarantee access to and make all provisions for MWY to enter upon public and private property as required for MWY to perform his services under this Agreement. 4.4 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals, and other documents presented by MWY and render in writing decisions pertaining thereto. 4.5 Provide such professional legal, accounting, financial, and insurance counseling services as may be required for the Project. 4.6 Designate in writing a person to act as CITY OF FAYETTEVILLE's representative with respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 4.7 Give prompt written notice to MWY whenever CITY OF FAYETTEVILLE observes or otherwise becomes aware of any defect in the Project. 4.8 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. Pay directly to the governmental authorities the actual filing and permit fees. Professional Services-Design-Final-May2003.doc 052303 4.10 4.11 4.12 Pay for placement of legal notices and advertisements in newspapers or other publications required by program requirements of the Wastewater System Improvement Project. Furnish, or direct MWY to provide, necessary Additional Services as stipulated in Section 3 of this Agreement or other services as required. If CITY OF FAYETTEVILLE's standard bidding requirements, Agreement forms and General Conditions are to be used, CITY OF FAYETTEVILLE shall provide copies of such documents for MWY's use in coordinating the Contract Drawings and Specifications. CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to MWY in a timely manner. SECTION 5- PERIOD OF SERVICE 5.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEV]LLE authorizing services hereunder. 5.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. MWY will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. SECTION 6- PAYMENTS TO MWY 6.1 Compensation 6.1.1 A. Final Design Phase Services — Broyles Road For the Scope of Services during the Final Design Phase described herein for Broyles Road, CITY OF FAYETTEVILLE shall pay MWY the lump sum amount of Two Hundred Five Thousand Nine Hundred Seventy -Nine United States Dollars (US $205,979). B. Final Design Phase Services — West Side Wastewater Treatment Plant For the Scope of Services during the Final Design Phase described herein for the West Side Wastewater Treatment Plant, CITY OF FAYETTEVILLE shall pay MWY the lump Professional Services-Design-Final-May2003.doc 052303 • •I I• • sum amount of Three Million Six Hundred Ninety -Seven Thousand Ninety -Five United States Dollars (US $3,697,095). C. Final Design Phase Services — West Side Wastewater Treatment Plant Effluent Line For the Scope of Services during the Final Design Phase described herein for the Effluent Line, CITY OF FAYETTEVILLE shall pay MWY the lump sum amount of Two Hundred Eleven Thousand One Hundred Sixty -Nine United States Dollars (US $211,169). D. Final Design Phase Services — Wetlands Mitigation For the Scope of Services during the Final Design Phase described herein for the Wetlands Mitigation, CITY OF FAYETTEVILLE shall pay MWY the lump sum amount of Sixty -One Thousand Nine Hundred Five United States Dollars (US $61,905). 6.1.1.1 Subject to the City Council approval, adjustment of the lump sum amount may be made should MWY establish and CITY OF FAYETTEVILLE agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed; or if CITY OF FAYETTEVILLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. 6.1.1.2 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for Design services consistent with MWY's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by MWY and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project design schedule as the basis for determining the value earned as the work is accomplished. Final payment for Design services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the Design phase for the Project. Professional Services-Design-Final-May2003.doc 052303 •1 6.1.2 6.1.2.1 Bidding Phase Services A. Bidding Phase Services — Broyles Road For the Scope of Services during the Bidding Phase described herein, CITY OF FAYETTEVILLE shall pay MWY the lump sum amount of Nine Thousand Seven Hundred Fifty -One United States Dollars (US $9,751), payable in two equal installments. The first payment shall be due upon receipt of bids. The second payment shall be made upon submittal of bid certification documents to ASWCC RLF Division. B. Bidding Phase Services — West Side Wastewater Treatment Plant For the Scope of Services during the Bidding Phase described herein, CITY OF FAYETTEVILLE shall pay MWY the lump sum amount of One Hundred Six Thousand Seventy United States Dollars (US $106,070), payable in two equal installments. The first payment shall be due upon receipt of bids. The second payment shall be made upon submittal of bid certification documents to ASWCC RLF Division. C. Bidding Phase Services — West Side Wastewater Treatment Plant Effluent Line For the Scope of Services during the Bidding Phase described herein, CITY OF FAYETTEVILLE shall pay MWY the lump sum amount of Twenty Thousand Three Hundred Ten United States Dollars (US $20,310), payable in two equal installments. The first payment shall be due upon receipt of bids. The second payment shall be made upon submittal of bid certification documents to ASWCC RLF Division. D. Bidding Phase Services — Wetlands Mitigation For the Scope of Services during the Bidding Phase described herein, CITY OF FAYETTEVILLE shall pay MWY the lump sum amount of Six Thousand Five Hundred Thirty -Three United States Dollars (US $6,533), payable in two equal installments. The first payment shall be due upon receipt of bids. The second payment shall be made upon submittal of bid certification documents to ASWCC RLF Division. Subject to prior City Council approval, adjustment of the lump sum amount may be made should MWY establish and CITY OF FAYETTEVILLE agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed; Professional Services-Design-Final-May2003.doe 052303 • •1 *I ••1 I• • 1• I• I• C or if CITY OF FAYETTEVILLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. 6.1.2.2 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYEITEVILLE may designate for Bidding Phase services consistent with MWY's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by MWY and approved by CITY OF FAYEITEVILLE. Applications for payment shall be accompanied each month by the updated bidding services schedule as the basis for determining the value earned as the work is accomplished. Final payment for Bidding Phase services shall be made upon CITY OF FAYETfEVELLE's approval and acceptance with the satisfactory completion of the Bidding Phase for the Project. 6.1.3 Construction Phase Services This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Design Phase Services. 6.1.4 Post -Construction Phase Services This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Design Phase Services. 6.1.5 Resident Services During Construction This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Design Phase Services. 6.1.6 Additional Services For authorized Additional engineering services under Section 3, "Additional Services", compensation to MWY shall be negotiated at the time Additional services are authorized. Professional Services-Design-Final-May2003.doc 052303 •I 6.2 Statements • Statements and updated progress schedule for each calendar month will be submitted in electronic format simultaneously to CITY OF FAYETTEVILLE and Program Manager, followed by signed original document to CITY OF FAYETTEVILLE. Statements will be based on MWY's estimated percent of services completed at the end of the preceding month, and justified by the updated progress schedule. • Program Manager shall review the statement and forward them to CITY OF FAYETTEVILLE with his recommendations. 6.3 Payments 0I All statements are payable upon receipt and due within thirty (30) days. If a portion of MWY's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise MWY in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 6.4 Final Payment • • I Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, MWY shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by MWY to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against MWY or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 7- GENERAL CONSIDERATIONS 7.1 Insurance 7.1.1 During the course of performance of these services, MWY will maintain (in United States Dollars) the following minimum insurance coverages: Professional Services-Design-Final-May2003.doc 052303 • Type of Coverage Limits of Liability • Workers' Compensation Statutory Employers' Liability $500,000 Each Accident Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit • Professional Liability Insurance $1,000,000 Each Claim MWY will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. • 7.1.2 Construction Contractors shall be required to provide Owner's Protective Liability Insurance naming CITY OF FAYETTEVILLE as a Named Insured and BURNS & McDONNELL and MWY as additional insureds, or, to endorse CITY OF FAYETFEVILLE, BURNS & McDONNELL and MWY as additional insureds on construction Contractor's liability •• insurance policies covering claims for personal injuries and property damage. Construction Contractors shall be required to provide certificates evidencing such insurance to CITY OF FAYETI-EVILLE, BURNS & McDONNELL and MWY. All contract insurance carriers shall be required to list CITY OF FAYETFEVILLE, Arkansas Soil and Water Conservation Commission, BURNS & McDONNELL, and MWY as certificate holders, furnishing copies of the contractor's insurance certificate to each party 7.1.3 CITY OF FAYEITEVILLE, BURNS & McDONNELL and MWY waive all rights against • each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of MWY's services. If the services result in a Construction Phase, a provision similar to this shall be incorporated into all Construction Contracts entered into by CITY OF FAYETI'EVILLE, and all construction Contractors shall f be required to provide waivers of subrogation in favor of CITY OF FAYETI'EVILLE, BURNS & McDONNELL and MWY for damage or liability covered by any construction Contractor's policy of insurance. A 1 Professional Services-Design-Final-May2003.doc 052303 .I 7.2 Professional Responsibility • 7.2.1 MWY will exercise reasonable skill, care, and diligence in the performance of MWY's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to MWY any defects or suspected defects in MWY's services of which CITY OF FAYETTEVILLE becomes aware, so that MWY can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE and MWY further agree to impose a similar notification requirement on all construction contractors in the Bid Documents and shall require all subcontracts at any level to contain a like requirement. • CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of MWY. 7.2.2 In addition MWY will be responsible to CITY OF FAYETTEVILLE for damages caused by • its negligent conduct during its activities at the Project Site to the extent covered by MWY's Commercial General Liability and Automobile Liability Insurance policies as specified in Paragraph 7.1.1. 7.3 Cost Opinions and Projections 0 0 Cost opinions and projections prepared by MWY relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on MWY's experience, qualifications, and judgment as a design professional. Since MWY has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, MWY does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by MWY. 7.4 Changes CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of MWY's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change Professional Services-Design-Final-May2003.doc 052303 • S S A • S 1• I• order signed by the Mayor of the CITY OF FAYEITEVILLE and the President or any Vice President of • MWY. 7.5 Termination 1• IA LI 7.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 7.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.5.1.2 An opportunity for consultation with the terminating party prior to termination. 7.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that MWY is given: • 6 7.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, Is 7.5.2.2 An opportunity for consultation with the terminating party prior to termination. 7.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 7.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work. 7.5.3.2 Any payment due to MWY at the time of termination may be adjusted to cover any additional costs to CITY OF FAYEIIEVILLE because of MWY's default. 7.5.4 If termination for default is effected by MWY, or if termination for convenience is effected S by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to MWY for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by MWY relating to commitments which had become firm prior to the termination. • i• Professional Services-Dcsign-Final-May2003.doc 052303 •1 7.5.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 above, MWY shall: 7.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 0 I 7.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by MWY in performing this Agreement, whether completed or in process. 7.5.6 Upon termination under Paragraphs 7.5.1 or 7.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 7.5.7 If, after termination for failure of MWY to fulfill contractual obligations, it is determined that MWY had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 7.5.4 of this clause. II 401 �I 7.6 Delays 0 • I In the event the services of MWY are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond MWY's reasonable control, MWY shall be entitled to additional compensation and time for reasonable costs incurred by MWY in temporarily closing down or delaying the Project. 7.7 Rights and Benefits MWY's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 7.8 Dispute Resolution 7.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and MWY which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or MWY in the performance of this Agreement, and disputes concerning payment. Professional Services-Design-Final-May2003.doc 052303 fo I •I L' • 7.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 7.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 7.8.3 and 7.8.4 have been complied with. • 7.8.3 Notice of Dispute 7.8.3.1 For disputes arising prior to the malting of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice; 7.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give MWY written Notice at the address listed in Paragraph 7.14 • within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this • Agreement that authorize the relief requested. • 7.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEV1LLE and MWY shall confer in an effort to resolve the dispute. lithe dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of MWY and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. S 7.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to MWY for services rendered by MWY. 7.10 Publications Recognizing the importance of professional development on the part of MWY's employees and the importance of MWY's public relations, MWY may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to MWY's services for the Project. Such publications will • be provided to CITY OF FAYETFEVU LE in draft form for CITY OF FAYETTEVILLE's advance • review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to MWY. CITY OF FAYETTEVILLE may require deletion of • Professional Services-Design-Final-May2003.doc 052303 •I proprietary data or confidential information from such publications, but otherwise CITY OF • FAYETTEVILLE will not unreasonably withhold approval. The cost of MWY's activities pertaining to any such publication shall be for MWY's account. 7.11 Indemnification 7.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE, BURNS & McDONNELL, and MWY from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 7.12 Computer Models •1 sI *I MWY may use or modify MWY's proprietary computer models in service of CITY OF FAYETTEVILLE under this Agreement, or MWY may develop computer models during MWY's service to CITY OF FAYETTEVILLE under this Agreement. Such use, modification, or development by MWY does not constitute a license to CITY OF FAYETTEVILLE to use or modify MWY's computer models. Said proprietary computer models shall remain the sole property of MWY. CITY OF FAYETTEVILLE • • and MWY will enter into a separate license agreement if CITY OF FAYETTEVILLE wishes to use MWY's computer models. 7.13 Ownership of Documents All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD drawings and cross sections, estimates, specifications, field notes, and data are and remain the property of CITY OF FAYETTEVILLE. MWY may retain reproduced copies of drawings and copies of other documents. Engineering documents, drawings, and specifications prepared by MWY as part of the Services shall become the property of CITY OF FAYETTEVILLE when MWY has been compensated for all Services rendered, provided, however, that MWY shall have the unrestricted right to their use. MWY shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of MWY. Professional Services-Design-Final-May2003.doc 052303 S • S • S Io • 16 If I• Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. MWY makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 7.14 Notices Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETI'EVILLE's address: City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 MWY's address: McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, Arkansas 72703 ASWCC's address: Project No. CS -050803-03 Arkansas Soil and Water Conservation Commission 101 E. Capitol, Suite 350 Little Rock, Arkansas 72201 7.15 Successor and Assigns CITY OF FAYETTEVILLE and MWY each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETFEVILLE nor MWY shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 7.16 Controlling Law This Agreement shall be subject to, interpreted and enforced according to the laws of the State of • Arkansas without regard to any conflicts of law provisions. I Professional Services-Design-Final-May2003.doc 052303 7.17 Entire Agreement This Agreement represents the entire Agreement between MWY and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to MWY a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by MWY, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 8- SPECIAL CONDITIONS 8.1 Additional Responsibilities of MWY: 8.1.1 CITY OF FAYETTEVILLE's or Arkansas Soil and Water Conservation Commission's (ASWCC's) review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve MWY of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's nor ASWCC's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 8.1.2 MWY shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by MWY's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-fumished data. 8.1.3 MWY's obligations under this clause are in addition to MWY's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETT'EVILLE may have against MWY for faulty materials, equipment, or work. 8.2 Remedies Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and MWY arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. Professional Services-Design-Final-May2003.doc 052303 0I ••1 C • 8.3 Audit: Access to Records 8.3.1 MWY shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. MWY shall also maintain the financial information and data used by MWY in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. The United States Environmental Protection Agency, the Comptroller General of the United • States, the United States Department of Labor, CITY OF FAYETFEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. MWY will provide proper facilities for such access and inspection. • 8.3.2 Records under Paragraph 8.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy • arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. • 8.3.3 This right of access clause (with respect to financial records) applies to: 8.3.3.1 Negotiated prime agreements: 8.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 8.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not • apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 8.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding • any financial records of MWY; • 8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; • Professional Services-Design-Final-May2003.doc 052303 0I 8.3.3.3.3 If the subagreement is terminated for default or for convenience. • Covenant Against Contingent Fees MWY warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by MWY for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8.5 Gratuities 8.5.1 If CITY OF FAYETFEVILLE finds after a notice and hearing that MWY or any of MWY's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYET I EVILLE, the State or EPA in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to MWY terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 8.5.2 In the event this Agreement is terminated as provided in Paragraph 8.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against MWY as it could pursue in the event of a breach of the Agreement by MWY. As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs MWY incurs in providing any such gratuities to any such officer or employee. 8.6 Arkansas Freedom of Information Act City contracts and documents, including internal documents and documents of subcontractors and sub - consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Professional Services-Design-Final-May2003.doc 052303 fI •I 'I •I r•1 •0 Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, MWY will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOR may be assessed for this compliance. 8.7 Debarment And Suspension I certify that to the best of my knowledge and belief that the company that I represent and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. Professional Services-Design-Final-May2003.doc 052303 • I understand that a false statement on this certification regarding debarment and suspension may be • grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000. DEBARMENT CERTIFICATION AUTHORIZED REPRESENTATIVE COMPANY NAME: McGoodwin^Williams and Yates, Inc. SIGNATURE: PRINTED NAME: • Carl Y s T FLE: President • IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and MWY, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor. ATTEST: By: City Clerk WILLIAMS AND YATES, INC. i _ - C. Ulmer. P. Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES L� •I • S Professional Services-Design-Final-May2003.doc 052303 • I• CJ I• CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX A-1 - SCOPE OF SERVICES FOR FINAL DESIGN PHASE & BIDDING SERVICES WESTSIDE WASTEWATER TREATMENT PLANT • This is Appendix A-1, consisting often pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and McGOODWIN, WILLIAMS AND YATES, INC. dated Initial: CITY OF FAYETTEVILLE McGOODWIN, WILLIAMS AND YATES, 1NCk. • The following contains more detailed Scope of Services tasks for the Final Design Phase than presented in the text of the Agreement for Professional Engineering Services: Generally, the project will include the final design of a Wastewater Treatment Plant having an annual average capacity of 10 million gallons per day with a hydraulic capacity of 32 MUD, and 7.5 MG of flow • equalization. The purpose of the facility will be to treat wastewaters generated within the Illinois River Watershed on the west side of the City of Fayetteville. The facility will treat influent wastewater to the following limits: Discharge Concentrations — Monthly Average. mg/I • • Characteristic May to November December to April CBODS 5.0 5.0 TSS 5.0 5.0 Ammonia - Nitrogen 1.9 3.0 Phosphorus 1.0 1.0 • PART A - PROJECT ADMINISTRATION AND MANAGEMENT A.01 Project Initiation and Administration. McGoodwin, Williams and Yates, Inc. (MWY) will prepare and negotiate professional services contracts with the City of Fayetteville. MWY will provide project administration and management services during the detailed design and bid phases of the project. • MWY will set up a file management system for the Westside Wastewater Treatment Facilities (WWTF), track project progress, and will prepare billing invoices. A.02 Standards and Criteria. MWY agrees to utilize "Drafting Standards and Criteria," published for this project by the City of Fayetteville. MWY also agrees to utilize, to the extent practicable, the "Design Standards and Criteria" published for this project by the City of Fayetteville. A.03 Specifications. MWY will use City -provided front-end documents and Division I Specifications in preparation of the Contract Documents. MWY will follow the MasterFormat and SectionFormat recommended by the Construction Specifications Institute during preparation of the Technical Specifications. MWY will follow the MasterFormat level one titles. Level two titles will be based upon • the MasterFormat recommendations and MWY's experience and specifications for work of this type. The • Section format will be based upon Part I — GENERAL; Part 2— PRODUCTS; and Part 3 — EXECUTION. Details contained in these Sections will be based upon MWY's experience for this type of work. is C] A.04 Meetings. MWY will attend up to four City Council meetings and monthly progress meetings • with the City, Program Manager, and other design consultants when appropriate. A.05 Subcontractor Coordination. MWY will coordinate the efforts of its subcontractors on this project. A.06 Construction Permits. MWY will prepare applications for Arkansas Department of Environmental Quality (ADEQ) construction permits for the City's execution. A.07 Project Performance Workplan. MWY will prepare and submit to the City of Fayetteville and the Arkansas Soil & Water Conservation Commission (ASWCC) a Project Performance Workplan for the Westside WWTF project. PART B — PROJECT DEVELOPMENT The detailed design of the Westside Wastewater Treatment Facilities will be developed based upon the process recommendations contained in the Final Facility Plan Amendment, RLF Project No. CS -050803-03, dated August, 2001, and approved by the ASWCC. B.01 Hydraulic Analysis. MWY will develop a hydraulic profile through the facilities for design annual average flow conditions, maximum month conditions, and peak flow conditions. B.02 Process and Equipment Selection. Process flow diagrams will be developed, and process unit sizes and equipment selection will be finalized. Biosolids thickening and dewatering equipment selection will be coordinated with Black & Veatch Corporation, Kansas City, Missouri. MWY will assist the Program Manager in developing specifications for pre -purchased pumping units. B.03 Site Survey. MWY will conduct the necessary field design surveys for development of the construction contract documents. The site survey will determine the site topography and existing relevant site structures and building. B.04 Site Plan. A preliminary site plan will be developed for the proposed facilities and reviewed with the City of Fayetteville wastewater treatment plant staff. Buildings, treatment structures, grading, and preliminary outside piping will be developed on the plan. An area for future expansion of the WWTF will be delineated on the site plan. B.05 Wetland Mitigation Plan. It is understood that the City desires to construct a wetland mitigation area at the WWTF site for wetland areas that will be permanently altered during construction of the wastewater treatment plant, Westside interceptor sewers, and Eastside interceptor sewers. It is also understood that the design and bidding of this wetland mitigation area will occur as a separate contract section under this contract. It is anticipated that two contract sections will be required for the Westside WWTF project: • Contract Section I — Wetland Mitigation Area • Contract Section II — Westside Wastewater Treatment Facilities A plan to mitigate wetland areas permanently altered during construction will be developed by MWY in • coordination with ECO, Inc., RJN, and Garver Engineers. The wetland mitigation area will be on the •I 0I •I •1 *I J 0I 0I 1• • proposed WWTF site with a preliminary size of 10 or less acres. Any additional wetland mitigation area above 10 acres will be negotiated with MWY under Additional Services. r B.06 Geotechnical Services. MWY will provide, through subcontract, geotechnical services and analyses required to provide the information necessary for design of the Westside WWTF. I. I. I• 1• G 1. 1• B.07 Architectural Theme. MWY will provide proposed architectural treatments and finishes to the City of Fayetteville for review and approval. B.08 Value Planning Study and Value Engineering Review. A value planning study and value engineering review are proposed for the Westside WWTF. The value planning study is anticipated to occur within 30 days of the Notice to Proceed to consultants. • MWY will attend an initial one -day training session for the Value Planning/Value Engineering Review. a. Value Planning Study: • MWY will attend a one -day meeting and present five copies of the Process Flow Schematic, Site Plan, and Process Design Memorandum to the VE Review Team for use during the Value Planning Review. • MWY will attend a mid -point review session. • MWY will attend a one -day session to receive comments from the Value Planning team. • MWY will assist the City of Fayetteville in preparing responses to the Value • Planning recommendations. b. Value Engineering Review: • MWY will attend a one -day meeting and present five copies of the available Site, Architectural, Process, Mechanical and Electrical drawings and Specifications for use during the Value Engineering (VE) Review. • MWY will attend a mid -point review session. • MWY will attend a one -day session to receive comments from the Value Engineering team. • MWY will assist the City of Fayetteville in preparing responses to items presented in the Value Engineering report. B.09 Tax Exempt Wastewater Treatment Equipment. MWY will develop a description of the processes and equipment proposed for use in the project. It is our understanding that this description will be submitted by the City of Fayetteville to the State of Arkansas for their determination of the processes and equipment eligible for exemption from state sales tax. B.10 Operations Review. MWY will conduct an operations review with an independent operations consultant to evaluate the operability of the Westside WWTF. These recommendations will be discussed with City operations staff prior to implementation. B.l 1 Detailed Design. The results of the City's operational staff review meetings, the Value Engineering Review and the Operations Review will be summarized in a Design Memorandum for use in • the preparation of final construction contract documents. • 1• •I PART C - PROJECT DESCRIPTION AND DETAILED DESIGN • MWY will prepare final contract documents including construction drawings, front-end, Division 1 documents and Technical Specifications for construction of: 1) Contract Section I — Wetland Mitigation Area 2) Contract Section II — Westside Wastewater Treatment Facilities (WWTF) The final construction documents will incorporate review comments as appropriate from the City of Fayetteville, the Arkansas Department of Environmental Quality (ADEQ), Arkansas Soil and Water Conservation Commission (ASWCC), Arkansas Department of Health, and Corps of Engineers (where applicable). The following paragraphs set out the general design concept of the proposed WWTF, subject to revision during the detailed design process as may be required to meet operational goals and optimize cost-effectiveness. C.01 Inlet Facilities. The inlet facilities building will house an influent flow measurement device, screens, grit pumps, and a grit classifier. • Flow Measurement Device — The influent flow will be measured and recorded utilizing an ultrasonic level transmitter located on a Parshall flume. • • Screens — The inlet facility building will house two mechanical screens. A third manual screen will also be installed in the inlet facilities building in the event that one of the two mechanical screens is damaged or requires service. Screenings will be combined with the grit collected from the grit washer discussed below, then discharged into an auger and compacted before being deposited in a screenings bin. The screening, grit washing, and bagging operations will occur in enclosed areas within the inlet facilities building. • Grit Pumps — There will be two grit and scum removal units. Each grit and scum removal unit will have a grit pump dedicated to that unit. The grit pump will remove settled grit from the bottom of the grit and scum removal unit and discharge the grit stream to the classifier. A third pump will also be provided and utilized as a standby pump with the capability to pump from either grit and scum removal unit to the grit classifier. • Grit Classifier — The discharge from grit pumps will be directed to the grit classifier. The grit classifier will remove and wash the grit collected from the grit and scum removal units. The grit will subsequently be combined with the screenings in an auger and ultimately discharged into a receiving i bin. The washwater from the grit classifier will be returned to the influent flow stream for further treatment. C.02 Grit and Scum Removal Units. After passing through the screens in the inlet facility, the wastewater will flow to the division box for the grit and scum removal units. The division box will distribute flow equally to each of the two grit and scum removal units. Each of the circular grit and scum removal units will contain a rake arm and skimmer with a skimmings trough. The rake arm located in the bottom of the unit will sweep grit to the center of the unit where it will be removed by the grit pumps housed in the inlet facilities building. The skimmer arm will sweep scum from the surface of the wastewater in the unit to a collection trough located on one side of the unit. A pump located in the scum collection box of each unit will transfer the collected scum from the scum • box to the biosolids processing building. SI I• • C.03 Flow Diversion Structure. During normal operation, the diversion box will allow passage of wastewater to the biological treatment units. When influent flow rates exceed the biological treatment • capacity, part of the influent flow will be diverted into the flow equalization basin for temporary storage until biological treatment can begin on the diverted flow. C.04 Flow Equalization Basin (FEB). The flow equalization basin will be a circular, covered concrete tank capable of storing up to approximately 7.5 MG of extraneous flow (I/I). Wastewater will enter the • basin from the flow diversion structure. When flow rates subside, the stored flow will be returned to the biological process from the FEB via pumps located in a FEB pump station. C.05 Biological Treatment Units. The biological treatment system will be designed to provide biological nutrient removal (BNR), as well as biochemical oxygen demand and suspended solids reduction using a three -stage process. The system will consist of a total of four separate treatment trains, • each subdivided internally into three stages: anaerobic, anoxic, and oxic. C.06 Final Clarifiers. Division Box and RAS/WAS. The clarification facilities will be designed to separate the biosolids contained in the mixed liquor suspended solids (MLSS) leaving the biological treatment units. The MLSS will be conveyed to the division box where flows from each of the four BNR trains will be combined in a mixing chamber. The mixing chambers will be aerated to ensure aerobic • conditions are maintained to the extent possible in the clarifiers to prevent phosphorus release or septicity. This mixing chamber will also be utilized to provide a chemical feed location for alum addition, if needed, to remove additional phosphorus. The combined flow will then enter a splitter box and will be equally divided by four weir gates into four chambers, each having a pipe outlet for an individual clarifier. The four clarifiers will be circular and employ gravity sludge removal systems. • • The return activated sludge (RAS) pumps will return the sludge settled in the final clarifiers to the BNR activated sludge process. RAS pumps will be provided for each clarifier and will pump into a chamber located at the division box, which will discharge RAS into a pipeline flowing back to the BNR division structure. Excess biomass produced in the BNR process will be pumped to the biosolids process building or to the waste activated sludge (WAS) storage tank. Scum pumps will be provided to transfer the surface • skimmings from the clarifiers directly to the biosolids facilities. C.07 Filters. The effluent flowing over the weirs of the final clarifiers will flow by gravity to an effluent box, where the flows will be combined and then conveyed to the influent chamber of the filter structure. The filters will provide additional solids removal or polishing of the effluent. The proposed filtration facilities will consist of four automatic backwash sand filters. I* C.08 Disinfection Unit. After being filtered, the effluent stream will enter the disinfection unit. The recommended method of disinfecting the effluent at the Westside plant is through the use of ultraviolet (UV) disinfection. The UV system will consist of a tank, the UV reactor, and an effluent weir. • If alternative disinfection facilities are to be evaluated, the evaluation will be performed under Additional Services. C.09 Post -Aeration and Oxygenation. It is anticipated that the new Westside facility will have a minimum dissolved oxygen (DO) level required for the effluent discharged under the NPDES discharge permit. The post -aeration and oxygenation system will be designed to provide DO concentrations of • 90 percent of saturation of the applicable temperature measured at the W WTF. In order to meet these • limits, a post-aeration/oxygenation system will be constructed following disinfection. The post -aeration system will consist of a concrete tank containing a fine bubble diffused aeration system. Blowers will supply air to the aerators in the tank as the effluent stream passes through the tank. is To augment the aeration system, a sidestream oxygenation system (if necessary) will also be designed. Liquid oxygen will be injected into a sidestream of the main effluent stream, causing a supersaturated condition. The supersaturated sidestream and the effluent stream will then be re -combined to produce the required DO level at the WWTF prior to discharge. C.10 Odor Treatment Processes. Air.from the headworks (channels, wetwells, screens and grit processing areas), the grit tanks, the sludge processing building, and the flow equalization pump station wetwell will be collected and routed through underground ductwork to the odor control systems for treatment. The odor treatment system is anticipated to consist of bioscrubbers and biofilters. MWY will coordinate with Black & Veatch Corporation regarding the odor control measures to be installed at the Westside WWTP and the Noland Facility. The type of odor control system at the Westside WWTP may differ from the system at the Noland WWTP, depending on the odor constituents and cost-effectiveness at each facility. C.11 Chemical Feed Building. The chemical feed building will house the containment units and the feed systems for the chemicals used in the various treatment processes. Liquid aluminum sulfate (alum) will be stored in two vertical tanks and, if needed, will be pumped to the biological processes to aid in the removal of phosphorus. It will be possible to add liquid alum at either the final clarifier division box or at the final clarifier effluent box, prior to the filters. A second metering pump system will also be in place for redundancy in the chemical feed system. A pH adjusting feed system will also be housed in the chemical feed building. C.12 Operations Building. An operations building will be provided at the new facility. This structure will primarily house the distributive control system (DCS) for the new facility and will contain minimal office space for operational personnel. The inclusion of a full-scale laboratory (and central operations facilities) is not anticipated. C. 13 Maintenance and Equipment Storage. After completion of construction, it will be necessary to store spare parts for equipment obtained as part of this project. Spare parts for pumps, aerators, and other items of equipment will be housed in a dry storage area within this structure. Additionally, a maintenance bay, small office, and vehicle storage bay will be provided so that maintenance can be performed on -site. C. 14 Biosolids Disposal. The Westside Wastewater Treatment Facility will process biosolids separately from the existing Noland Facility. Currently, there are no plans to stabilize or otherwise further treat the biosolids produced at the new Westside WWTF. However, the biosolids will be thickened and dewatered. It is anticipated that the dewatered material will then be transported to an off - site facility where it will be further processed and disposed of by others. The facilities designed to dewater the biosolids produced at the Westside WWTF are described below: Biosolids Processing Facility — The WAS will be pumped into a day -tank and combined with scum from the grit and scum units and the final clarifiers. This combined waste will then be pumped to the gravity table thickeners (GTT) and thickened. From there, the thickened material will be pumped to a belt filter press and further dewatered to a solids concentration of approximately 14 to 15 percent. The dewatered material will then be conveyed into a covered truck for transport. The dewatering facility will house two gravity table thickeners, two belt filter presses, and pumps, including duplicate units, to feed the thickeners and belt presses. The facility will also. house a conveyor, two polymer feed systems, belt wash booster pumps, and other ancillary equipment for a complete biosolids dewatering operation. 1• I• I• I• I• I• 1. 1. I• • • Waste Activated Sludge Supply Pumps — Three pumps will be provided to supply WAS to the two gravity table thickeners. Each GTT will have one WAS pump dedicated to that unit. Each pump will supply combined WAS and scum from the day -tank to the GTT unit. A spare pump will be provided to supply WAS to either of the GTT units in the event of a primary supply pump failure to either unit. • Polymer Feeders for GTT Units — Each GTT unit will have a polymer feed system to feed liquid polymer combined with water to the WAS stream prior to introduction of the stream onto the GTT bed. • Gravity Table Thickeners — Two gravity table thickeners two meters in width will be provided at the Westside WWTF. The thickened material will be discharged into a feed tank which supplies the belt filter press for further dewatering. • Belt Filter Press Supply Pumps — Pumps will supply thickened sludge to the belt filter presses (BFP) for further dewatering. One pump will be dedicated to each unit with a third pump utilized as a standby capable of feeding either belt press. • Polymer Feeders for BFP — Each belt press unit will have a polymer feed system to feed liquid polymer combined with water to the BFP feed stream. The polymer solution will be introduced in a mixing valve prior to introduction of the stream onto the BFP gravity dewatering zone. • Belt Filter Presses — Two belt filter presses two meters in width will be provided in the biosolids processing facility. • • Waste Activated Sludge Storage — It will be necessary to store thickened biosolids on -site during certain days of the week The sludge storage tank will provide for approximately three days production of thickened sludge. One concrete tank will be provided and will be equipped with a diffused air system to supply air to the WAS during storage. C.15 Instrumentation and Control System . MWY will design and specify a distributed control system and associated process instrumentation, which will enable the plant operations staff to monitor and control the new Westside Plant's operation. Communications will be established with a SCADA system to gather the information from the two lift stations, designed by K iN, that affect the flow to the new Westside Plant. The new plant's distributed control system will log operational data for administrative reporting, operational control, and historical analysis. There will be five different major equipment categories that MWY will specify for the Westside Plant distributed control and SCADA systems: a. Main server unit located at the new Westside Plant: • Microcomputer server system. • SQL (Structured Query Language) server software. • Communication link. • Dial -up for backup communication link • Logging of control system and laboratory test data. b. Operator interface workstations located at the new Westside Plant: • Microcomputer systems. • • Man -Machine -Interface software. • Historical database software. is II • Alarm and event printers. • • Dial -up for remote communication link. • c. Portable operator interface unit: • Portable laptop microcomputer system. • Communications software. • Historical database software. • Dial -up communication link to master plant workstation. d. Distributed control units located at the new Westside Plant: • Programmable logic controllers. • Analog and digital input modules for process status indicators. • Analog and digital output modules for process controls. • In -plant fiber optic communication links. • e. Remote terminal units located at the two new lift stations: • Programmable logic controllers. • Radio communications equipment. • Communications links will be established between the two new lift stations and the new Westside Plant. • Analog and digital input modules for process status indicators. • Analog and digital output modules for process controls. C.16 Coordination of Work • Coordination with Staff— MWY will coordinate and receive comments from operational staff during • the design of the facilities. • Biosolids Equipment — MWY will coordinate with Black & Veatch Corp. the selection of biosolids thickening and dewatering equipment for use at the Noland Facility and Westside Facility. • Instrumentation — MWY will coordinate with City staff the operational interface of the Westside DCS system with the existing City of Fayetteville SCADA system. • NPDES Discharge Permit — The City of Fayetteville has an existing contract with others to develop S stream models for effluent discharge at the new Westside WWTF. MWY will attend two meetings with the City to receive the results of the stream modeling. • Pre -Purchased Equipment — MWY will assist the Program Manager by providing proposed pump characteristics and specifications for possible advance purchase and assignment to construction contractors. MWY reserves the right to change exact pump operational points during the detailed • design. • Cut -Over and Startup — MWY will coordinate with the Program Manager and RJN Group to develop a conceptual cut -over and startup plan to bring the Westside Collection System into the new Westside • Plant. C.17 Services and Items Not Included Biosolids Equipment — MWY will not be responsible for development of the Contract Documents/ Procurement Documents required to specify/purchase biosolids thickening or dewatering equipment set out under Item C.14 above. Biosolids Stabilization — The WWTF design does not include any facilities required to stabilize waste activated sludge (WAS) to either Class A or Class B levels. The WAS is to be thickened and • dewatered at the WWTF site without stabilization. •I I• I0 U I• U • • Process Design — The Westside WWTF includes design for total nitrogen effluent limits of 10 mg/I or more. Effluent limits more stringent than 10 mg/I total nitrogen may require additional facilities. ,Design of additional facilities will be considered Additional Services. • Instrumentation — Design services for items of instrumentation and control associated with the modifications at the Paul Noland Facility or any of the existing sewerage lift stations in Fayetteville sewage collection system that may be modified by other consultants is not a part of MWY's work Additionally, design services for items of communications required to link the Paul Noland Facility and the new Westside WWTF is to be provided by City personnel. • Fees and Publication Costs — Fees associated with federal or state agency review of the project or publication of the Invitation to Bid are not included in this project. State and federal agency review fees and publication fees will be paid by the City of Fayetteville. PART D — SUBMISSION OF PLANS AND SPECIFICATIONS TO REVIEWING AGENCIES MWY will submit Plans and Specifications to the following agencies for review: Io • • Arkansas Soil and Water Conservation Commission (ASWCC) • Arkansas Department of Environmental Quality (ADEQ) • Arkansas Department of Health (ADH) • Corps of Engineers (COE) PART E - LARGE-SCALE DEVELOPMENT MWY will prepare a Large -Scale Development Plan in accordance with City of Fayetteville's checklist dated April 8,2002(16 -page document attached). Items 1 through 56, except for Item 54, shall be accomplished under the Scope of Services of the design contract. Item 54 shall be performed under Additional Services, Section 3 and Section 6.1.6, of this contract. PART F — ENVIRONMENTAL REQUIREMENTS It is our understanding that as part of this project, the City of Fayetteville will retain the services of an environmental consultant to assist MWY in the development of a Wetland Mitigation Plan, and to independently develop a Stormwater Prevention Plan (SWPP), Best Management Practices Plan (BMP), and the 404 permit application for this project. MWY will assist in the review of the SWPP and BMP as it pertains to the Westside WWTF. PART G — BIDDING SERVICES Each of the items listed in G.01 through G.07 below pertain to each of the two Contract Sections as follows: • Contract Section I — Wetlands Mitigation Area • Contract Section II — Westside Wastewater Treatment Facilities G.01 MWY will prepare an opinion of probable construction cost prior to bid. Cost opinions and projections prepared by MWY and its subcontractors relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on MWY and its subcontractors' experience, qualifications, and judgment as a design professional. Since MWY and its subcontractors have no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, MWY and its subcontractors do not guarantee that actual rates, costs, performance schedules, and related items will not • vary from cost opinions and projections prepared by them. G.02 MWY will prepare an Invitation to Bid to be published by the City of Fayetteville. G.03 MWY will distribute construction Contract Documents to prospective bidders. A fee to prospective bidders will be charged by MWY to recover the reproduction, administration and shipping costs of the Contract Documents. G.04 MWY will attend one pre -bid conference. G.05 MWY will issue and submit to the Program Manager and ASWCC proposed addenda and clarifications to the construction Contract Documents. G.06 After the receipt of bids, MWY will prepare a Recommendation of Award for consideration by the City of Fayetteville. G.07 MWY will attend one Water and Sewer Committee Meeting and one City Council Agenda Session, and one City Council Meeting for presentation of the Recommendation of Award. C CITY OF FAYETTEVILLE, ARKANSAS • LARGE SCALE DEVELOPMENT • • • • FOR STAFF USE ONLY FEE: $200.00-S800.00 Date Application Submitted: Date Accepted as Complete: S -T -R: Case / Appeal Number: PP#: Public Hearing Date: Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request Your application will not be placed on the Planning Commission agenda until this information Is furnished Application: Indicate one contact person for this request: Applicant (person making request): Name - • • Phone - Fax - • Site Address / Location: Current Zoning District: Assessor's Parcel Number(s) for subject property: • Total Acreage: Number of Lots: FINANCIAL INTERESTS Applicant _ Representative Representative (engineer, surveyor, realtor, etc.): Name - Phone - Fax - Number of Dwelling Units: • The following entities and / or people have financial interest in this project: • • • April 8, 2002 Cn.SHARON'S DOCUMEN731FAYE7TEV/LLEIFY296Wf96 DENGN CONTRAC/VSD 2002.DOC I APPLICANT/REPRESENTATIVE:! certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am • applying for, or might set conditions on approval. Name (printed): Date: Signature: PROPERTY OWNER(S) /AUTHORIZED AGENT: Uwe certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that Uwe have read this application and consent to its filing. (Ifsigned by the authorized agent, a letter from each property owner must be provided indicating that the agent is authorized to act on his/her behalf) Owners (attach additional info if necessary): Name (printed): Address - Signature: Phone - Date: ( ) Name (printed): Address - Signature: Phone - Date: ( ) • Checklist: Attach the following items to this application: O Payment in full of applicable fees for processing the application: LSD Non-Residential............................................................ $800.00 Ten or less residential units .......................................... $200.00 Twenty-five or less residential units ............................. $400.00 Twenty-six or more residential units ............................. $800.00 Grading & Drainage Upto .5 acre ................................................................... $75.00 .5 acre to 1 acre............................................................. $100.00 OverI acre................................................................... $200.00 Tree Preservation........................................................................ $120.00 O Legal description of property (may be found on deed or current survey of property). A survey may be required if the deed cannot be platted accurately. O Two sets of typed, mailing labels listing the name and address of each adjacent property owner. Maybe found at the county assessor's office. . O A copy of the plat on record in the county assessor's office. The owner's name and the parcel number for • every adjacent property shall be shown on this plat (map). April 8, 2002 C: (SHARON'SDOCUMENTSIFAYE7TEVILLEIFY296IFY296 DESIGN CONTRAC71LSD 2002.DOC 1• O Provide a copy of the written decision from the Parks and Recreation Advisory Board regarding park land • dedication requirements. (Residential projects only) • O One large, color rendered elevation board showing any elevation of the proposed project which is visible from a public right of way when project is subject to Commercial Design Standards. Materials and colors must be called out on this drawing. O 12 color elevations showing all four sides of each proposed building. O Signed LSD and Grading and Drainage Applications • O A 3 1/2" diskette with all information in AutoCad or a similar format must be submitted with your application. O Twenty-eight (28) copies of the plat or plan folded to page size with title information on the outside. Plats should be drawn in layers, symbols, and line types as used by the City Drafting Department, when possible. • All of the following information shall be contained on a single plat. The tree preservation plan and grading/drainage may be submitted on separate plats if desired. Any deviation from this format shall be approved prior to submittal. PL1 T INFORMATION General I• 1. Names, addresses, zoning and property lines of all property owners adjacent to the exterior boundaries of the project (including individual lots across streets and rights -of -way) shall be located on the plat at the correct location. 2. Names, addresses, telephone numbers, of owner(s), developers) and project representative. • • 3. North arrow, scale (graphic and written), date of preparation, zoning classification, and proposed use. 4. Title block located in the lower right hand comer indicating the name and type of project, scale, fum or individual preparing drawing, date, and revisions. 5. Provide a complete and accurate legend. 6. A vicinity map of the project with a radius of 1.5 miles from the project. This map shall include any Master Street Plan streets as well as the 100 -year flood plain boundary. 7. Street right-of-way lines clearly labeled. The drawing shall depict any future R.O.W. needs as determined by the All ID and Master Street Plan. Future R.O.W. as well as existing R.O.W. and center lines should be shown and dimensioned. • 8. The location of all existing structures. Show the location of proposed buildings, square feet and height Dimension buildings from the roof overhang and setbacks to property lines. 9. Site coverage note indicating the percentage of site that is covered by both buildings and surfaced area. • Legal Description 10. Written legal descriptions including area in square feet or acres that read clockwise. This shall be provided on the plat (Note: If the project is contained in more than one tract, the legal for each individual tract and a total tract description must be provided.) 11. Boundary survey of the property shown on the plat. The surveyor shall seal, sign, and date the survey. The • survey shall be tied to state plane coordinates. • 12. Provide a benchmark, clearly defined with an accuracy of 1/100. This benchmark must be tied to USC & GS Datum. Benchmarks include but are not limited to the following: fire hydrant, man hole, etc. Apr18, 2002 CUMRON'S DOCUMENTSIFA YE77FVI2IEV'Y296VW96 DESIGN CONTRIC7VSD 2002.DOC • 13. Each plat shall have 2 points described in State Planes Coordinates, Arkansas, North, North American Datum, 1983 (MAD 83) • 14. Point -of -beginning from a permanent well-defined reference point. This P.O.B. shall be clearly labeled on the drawing. 15. Curve data for any street which forms a project boundary. Floodplain / Floodway / Wetlands 16. Show 100-yr floodplain and / or floodway and base flood elevations. Reference the FIRM panel number and • effective date. 17. Note regarding wetlands, if applicable. Note if Army Corps of Engineers determination is in progress. Topographic Information 18. Existing and proposed topographic information with source of the information noted. • Show: a. Two foot contour interval for ground slope between level and ten percent b. Five foot contour interval for ground slope exceeding ten percent 19. Spot elevations at grade breaks along existing road centerlines, gutter lines and top of curbs or edge of pavement • 20. Contours of adjacent land within 100 feet of the project shall also be shown. Contour information may be available at the City in a digital format Check with the drafting department for availability and associated cost Tree Preservation/Landscape Plans • 21. A Site Analysis drawing and Analysis report is required of all developments that have existing trees present. If no existing trees are present, a Tree Preservation Fee Waiver Form shall be submitted with the plans. A site analysis drawing must clearly show the locations and types of all existing natural features on the site including features 100' beyond the property lines that may be affected by the design. A complete list of the information required to be shown on the Site Analysis may be found in the City of Fayetteville Landscape Manual available free of charge from the Tree and Landscape Department. • The analysis report is a written description of design decisions and how they affect the preservation of existing natural resources on the site 22. The Tree Preservation Plan, which should be incorporated with the Grading plan and be titled Grading / Tree Preservation Plan, is a depiction of the existing tree coverage of the site and the areas established for preservation. All existing trees must be shown on the plan. Groupings of trees may be indicated by the edge of the overall canopy although trees within the grouping, that meet the definition of significant, must be • individually located and the spread of their canopy indicated on the drawing. The species, canopy spread, trunk diameter and average health of the tree must be shown in a chart of the plan. Tree preservation measures must also be shown on the drawing along with mitigation information if mitigation is approved by the Landscape Administrator. A complete list of the information required to be shown on the Tree Preservation Plan may be found in the City of Fayetteville Landscape Manual. 23. Landscape plan requirements for the Off Street Parking Ordinance, the Overlay District, and Commercial Design Standards are to be approved by the Planning Commission with a recommendation by the Landscape Administrator. The conceptual design may be reviewed by the Planning Commission however a detailed plan must be approved by the Landscape Administrator prior to the issuance of the building permit. The conceptual plan shall show the general layout of the plant material and shall include proposed plant species (common names are acceptable) and size. Existing and proposed utility lines shall be shown on the plan. When an ordinance requires shrubs or other screening material, show the layout of planting beds (it is recommended that shrubs be • within defined planting beds for ease of maintenance) The detailed plan shall also include approved planting details and notes and particulars for irrigation. April 8, 2002 C: ISHARON'S DOCUMENZSIFA YETTEVILLEIFY2961FY296 DESIGN CONTRACI1LSD 2002.DOC • I• I• 1• 1• 1• 24. Landscape proposals for parking lots and/or tree replacement requirements shall include proposed plant species • (common names are acceptable) and size. Existing and proposed utility lines shall be shown on the plan. State the method for irrigating the plant material on the plan. When an ordinance requires shrubs or other screening material, show the layout of planting beds (it is recommended that shrubs be within defined planting beds for ease of maintenance). • • Utilities - Existing 25. Show on the drawing all known on -site and off -site existing utilities and easements (dimensioned) and provide the structures locations, types, and condition and note them as "existing" on the plat. 26. Existing easements shall show the name of the easement holder, purpose of the easement, and the book and page number for the easement. If an easement is blanket or indeterminate in nature, a note to this effect shall be placed on the plat or plan. Utilities - Proposed 27. Show all storm sewer structures, sanitary sewer structures and drainage structures: 28. Show all Sanitary sewer systems 29. Note the occurrence of any previous overflow problems on -site or in the proximity of the site. (Also, contact the Water / Sewer Superintendent, at 575-8386). 30. Water systems, on or near the site: a. Provide pipe locations, types, and sizes b. Note the static pressure and flow of the nearest hydrant c. Show location of proposed fire hydrants and meters. 31. Underground or surface utility transmission lines: (Note: This category includes, but is not limited to Telephone, Electrical, Natural Gas, and TV Cable) a. Locations of all related structures (pedestals, poles, etc.) b. Locations of all lines (note whether the line is below or above ground) C. A note shall be placed where streets will be placed under the existing overhead facilities and the approximate change in grade for the proposed street. 32. State the width, location, and purpose of all proposed easements or rights of way for utilities, drainage, sewers, flood control, ingress/egress or other public purposes within and adjacent to the project. Streets, Rights -of -way, And Easements 33. The location, widths, grades, and names of all existing and proposed streets (avoid using first names of people for new streets), alleys, paths, and other rights -of -way, whether public or private, within and adjacent to the project; private easements within and adjacent to the project; and the radius of each centerline curve. Private streets shall be clearly indicated and named. Names of streets should be approved by the 911 Coordinator. 34. A layout of adjoining property (within 300') in sufficient detail to show the effect of proposed and existing streets (including those on the master street plan), adjoining lots, and off site easements. This information can be obtained form the Master Street Plan, Aerial Photos, and the City Plat Pages located in the Planning Office if requested. 35. The location of all existing and proposed street lights (At every intersection, cul-de-sac & every 300' and associated easements to serve each light.) April 8. 2002 C: tSNARON'S DOCUMENTSIFAYETfEYILLE1fY2961FY2fl6 DESIGN CONTRACnLSD 2002.DOC I Site Specific Information 36. Provide a note of any known existing erosion problems on -site or within 300' downstream of the property. • • 37. The location of known existing or abandoned water wells, sumps, cesspools, springs, water impoundments, and underground structures within the project. 38. The location of known existing or proposed ground leases or access agreements, if known. (e.g. shared parking lots, drives, areas of land that will be ]eased) 39. The location of all known potentially dangerous areas, including areas subject to flooding, slope stability, • settlement, excessive noise, previously filled areas and the means of mitigating the hazards (abatement wall, signage, etc.). 40. The boundaries, acreage, and the use of existing and proposed public areas in and adjacent to the project. If land is to be offered for dedication for park and recreation purposes it shall be designated • 41. For large scale residential development, indicate the use and list in a table the number of units and bedrooms. 42. For non-residential use, indicate the gross floor area, and if for multiple uses, the floor area devoted to each type of use. 43. The location and size of existing and proposed signs, if any. • 44. Location and width of curb cuts and driveways. Dimension all driveways and curb cuts from side property line and surrounding intersections. 45. The location and number of bike racks provided and required. • • 46. Location, size, surfacing, landscaping, and arrangement of parking and loading areas. Indicate pattern of traffic flow; include a table showing required, provided, and handicapped accessible parking spaces. 47. Location of buffer strips, fences or screen walls, where required (check Unified Development Ordinance for specific requirements). • 48. Indicate location and type of garbage service. Dimension turnaround area at dumpster location. 49. A description of commonly held areas, if applicable. 50. Draft of covenants, conditions, and restrictions, if any. • 51. A written description of requested waivers from any city requirement. 52. Show required building setbacks for large scale developments. Provide a note on the plat of the current setback requirements for the subdivision. A variance is necessary from the Board of Adjustment for proposed setbacks less than those set forth in the zoning district. 53. Preliminary grading and drainage plans and reports as required in the City Engineer's Office. • Other Requirements 54. Any other data or reports as deemed necessary for project review by the City Planner, City Engineer or Planning Commission. • April 8,2002 C:ISARON'SDOCUMENTSIFAYE7TEt7LLEIFY2961FY296DES/GNCONTRAC71LSD 2001.DOC • I• Prior to Building Permit: • 55. Prior to the issuance of a building permit for a large scale development, an easement plat shall be filed of record t/ in the office of the circuit clerk dedicating all required easements and rights -of -way. Contact Planning Division for signature block and additional information. 56. All public improvements and required landscaping are required to be guaranteed prior to the issuance of a building permit. • The City Planner and City Engineer may waive any of these application requirements when, in their discretion, any such requirement is not necessary due to the nature of the proposed project, or other circumstances justify such waiver. A pre -application conference may be arranged and is encouraged to review the proposed project and discuss the checklist requirements. (Note: As this request goes through the review process, revised copies of the project pint, and elevations, if • applicable, will be required) 1• • • i . I. 1. I. • April 8. 20O2 C:ISHARON'S DOCUMEN SIFAYEITEY/LLE1FY796UFY196 DESIGN CONTRACIVSD 2002.DOC • CHAPTER 157: NOTIFICATION AND PUBLIC HEARINGS §157.01 GENERAL REQUIREMENTS/ INFORMATION. A. Notice. Notice shall include the following information, unless specific requirements herein provide otherwise: 1. Project Description. Description of the project or request, 2. Use. The use of the property, 3. Zoning. Current zoning, 4. Acreage. Acreage of project, 5. Public Hearing. Time, date, and location of public hearing, 6. Name. The property owner's and/or the developer's name, and 7. Review Location. Phone number, address, project name and information on where the file may be reviewed at the City Administration Building. B. Assessment Records. Property owners shall be identified from the assessment records available at the Washington County Assessor's Office on the date an application is submitted for processing. C. Who May be Heard. Any person desiring to be heard at a public hearing may appear in person, by agent, or by attorney. §157.02 DEVELOPMENT. A. Large Scale Development. The following requirements shall apply to Large Scale Developments. 1. Public Hearing Required. A public hearing shall be held at the meeting of the Subdivision Committee at which the development plan is to be considered. 2. Notice of Public Hearing/Developer. Prior to a public hearing being held, the developer shall provide the following notice: April 8, 2002 C:ISHARON'S DOCUMENTSIFAYETTEV/LLEIFY2961FY296 DESIGNCONTRACTILSD 2002.DOC • • 0 • • 0 • • 49 0 13 J I• a. Who Gets Notice. Notice of the proposed development shall be given to owners of • any property having a common boundary with, and a different zoning classification • than the property proposed for development, no later than seven (7) calendar days prior to the public hearing. b. Methods of Notice. Notice shall be by one of the following methods: • (1) Mail. Certified mail, return receipt requested, to at least one of the record owners of a property, (2) Publish. Publish notice in the legal notice section of a newspaper of general circulation within the City, • (3) Signatures. Obtaining signatures of at least one of the record owners of a property on a copy of the proposed large scale development plan. 3. Proof of Notice. At least 7 days prior to the Subdivision Committee meeting at which approval of the large scale development plans will be considered, the applicant shall file • one of the following with the Planning Office: a. Receipts. Return receipts from the mailing and copy of the notice, b. Proof of Publication. Proof of publication, •• c. LSD Plan. Signed and dated large scale development plan. (Code 1991, §159.54; Code 1965, App. C. Art. IV, §I; Ord. No. 1750, 7-6-70; Ord. No. 3925, §6, 10-3-95) Li B. Planned Unit Developments. The following requirements shall apply to Planned Unit Developments. 1. Public Hearing Required. I• a. Small Area PUD. A public hearing shall be called coincidental with the concept plan review by the Planning Commission. b. Large Area Concept PUD. If, after review, the Planning Commission deems it • advisable to have a public hearing on the proposed PUD, a public hearing shall be held. 2. Notice of Public Hearing/Developer, a. Who Gets Notice. Notice of the proposed PUD shall be given by the developer to all • persons owning property within 100 feet of the perimeter of a PUD at least ten days • prior to the meeting at which the Planning Commission is to review the concept plan. April 8. 2002 C: %SHARON'S DOCUMENMFAYEITEVILLEtfl296WY796 DESIGN CONIRACTU$D 2002.DOC I b. Methods of Notice. Notice shall be by one of the following methods: (1). Personal. Personal contact, or • (2). Mail. Certified mail, return receipt requested. • 3. Notice of Public Hearing/City. Notice of public hearing shall be given by the City in both of the following manners. a. Publish. Publish notice in a newspaper of general circulation in the City at least one time 15 days prior to the public hearing, • b. Signs. Posting a sign or signs, each 18 inches high by 24 inches wide, at conspicuous places in the area involved, 15 days prior to the date of the public hearing. 4. Proof of Notice. On or before the day the Planning Commission reviews the concept • plan, the applicant shall file one of the following with the Planning Office: a. Receipts. Return receipts from the mailing and copy of the notice, b. Contact. Proof showing personal contact. • (Code 1991, §160.121(L)(M); Code 1965, App. A, Art. 8(12); Ord. No. 1747, 6-29-70; Ord..No. 1903, 3-6-73; Ord. No. 2379, 9-20-77; Ord. No. 2538, 7-3-79; Ord. No. 2582, 12-4-79; Ord. No. 2633, 5-20-80; Ord. No. 2710, 3-24-81; Ord. No. 2779, 11-17-81)(Code 1991, §160.156; Code 1965, App. A, Art. 12(1); Ord. No. 1747, 6-29-70; Ord. No. 2538, 7-3-79; Ord. No. 3716, §1, 6- • • 15-93; Ord. No. 3925, §7, 10-3-95) • • • • April 8. 2002 C:1 SHARON'S DOCUMENTSI FA YE7TEVILLEI FY2961 FY296 DESIGN CONTRA CI1 LSD 2002.DOC • C; PHYSICAL ALTERATION OF LAND (i.e. Grading) And/or • STORMWATER MANAGEMENT, DRAINAGE AND EROSION CONTROL PERMIT • APPLICATION COVER SHEET 1• Is I• I• • [' 1• 1• I• I• Project title / name: Date: Is the submittal: Preliminary: or Final: If final, please list the date of the preliminary submittal: APPLICANT INFORMATION: Name: Telephone: Relationship to the project: OWNER'S INFORMATION: Name: Address: Telephone: ENGINEER / ARCHITECT INFORMATION: Name of engineer, architect or landscape architect as applicable (if different From Address: Telephone: OWNER'S SIGNATURE: REVIEW FEE SCHEDULE: Up to 0.5 acre - $75 0.51 to 1.0 - $100 over 1.0 acre - $200 Fee required: Date paid: (Note: fee generally required at the preliminary application) Approved: Denied: Date: Signature: City Engineer or authorized Staff Engineer Comments: April 8, 2002 C.ISNARON'S DOUYE CMEMJYIFATTEV/LLElPY2961FT796 DESIGN CONTRACNSD 2002.DOC Tree Preservation Plan Requirements It is suggested that all projects with existing trees should be reviewed with the Landscape Administrator prior to site • design to determine the extent of tree preservation required. The tree preservation plan can be combined with the S proposed project's grading plan, but the plan must be titled Grading Plantrree Preservation Plan. Step 1: Identification of Existing Canopy _____Show the location and determine the square footage of all existing trees on the proposed project's site. _The exact location, species, hunk diameter, health, and canopy spread of any significant trees must be identified S and shown on the plan. A "significant" tree is a tree with a trunk diameter of 24 inches or more for large growing species (i.e. Oak), 18" or more for slow growing or medium sized species, and 8 inches or more for small growing species (i.e. Redbud). To determine the canopy spread of individual trees, measure the diameter of the canopy and figure the area. • _If no "significant" trees exist on the site, a statement confirming this fact must be included on the plan Groups of existing trees that do not qualify as "significant" may be identified by their canopy edge, and a square footage of the area's canopy can then be calculated. The predominant species, average size, and health of the trees with in the grouping shall be indicated. Step 2: Percentage of Preserved Tree Canopy • Designate on the plan the location and square footage of preserved tree canopy. REMINDER: Preservation areas must be areas that can remain entirely undisturbed at all stages of construction If you cannot design the project to meet the minimum canopy requirement, STEP 5 describes the tree mitigation/off-site alternatives option. This option must be pre -approved by the Landscape Administrator. Step 3: Tree Canopy Table • _In a table format, label the total percent of: A) Existing Canopy B) Total Canopy to be Preserved C) Total Canopy to be Removed D) Mitigation Canopy if approved • Note: Canopy is to be calculated as a percentage of the total acreage of the entire property. Step 4: Preservation Method Specifications _Show a distinctive graphic line for the barrier fencing, along the dripline* or ten feet from the trunk (whichever is greater), around all tree preservation areas. 'The dripline is an imaginary vertical line that extends downward from the outermost tips of the tree branches to the ground. _Include a specification drawing to show the method and materials used for preservation fencing. See the page # () for examples. _Show the location of all existing and proposed utilities, and all areas affected by grading and drainage. • REMINDER: Utility easements shall not be counted as areas for tree preservation. _Identify on -site areas for the delivery and storage of construction materials, on -site parking, cement truck wash -out, and soil stockpiles. .If root pruning, mulching, aeration, or other procedures are required, please indicate on plans. • April 8. 2002 C: LSHARON'S DOCUMENTStFAYE7TEVILLEIFY2961FY296 DESIGN CONTRAC7VSD 2002.DOC • I• Step 6: Drainage, Grading, and Subsequent Construction Plans • Be sure the project's final drainage & grading plan, submitted for approval to the City Engineer, is coordinated • with your tree preservation plan. Cut or fill within tree preservation areas is not permitted and the drainage & grading permit for the proposed project will not be issued unless it is in accordance with the tree preservation plan. Step 7: On -Site Mitigation or Off -Site Alternatives • Indicate on the Tree Canopy Table the amount of canopy in square feet that falls short of the preservation requirement _Number of trees required for forestation based on the preservation priority of the canopy removed and the base density of forestation trees II See guidelines in the Manual _Number of trees, the size and species, and the location of all on -site mitigation trees _Dollar amount to be contributed to the tree fund if utilized for Off -Site Alternatives •_Complete Mitigation Form Step 8: Maintenance of Tree Preservation Areas During Construction _Prior to starting construction of the project, you are required to construct protection barriers as specified on the tree preservation plan, around all tree preservation areas. • • If applicable, root pruning, trimming, or other preservation activities will be required prior to any disturbance to the site unless expressly allowed by the Landscape Administrator. .In order for the project to remain in compliance with the Tree Ordinance, and to avoid potential fines or stop work orders, you must maintain the protection of all trees designated "preserved" on the approved tree preservation • plan. _Preserved trees and tree preservation areas are to be indicated on the utility plans and grading plans to alert contractors of areas that require preservation. Step 9: Final Plat Approval/Certification of Occupancy • _Compliance with the Tree Ordinance during construction must be maintained and verified by the landscape Administrator during periodic site inspections, _If applicable, any remedial tree preservation activity, required by the Landscape Administrator, must be completed before the acceptance of the final plat or Certificate of Occupancy. • _Areas designated for tree preservation must be clearly depicted on an Easement Plat for Large Scale Developments and on the Final Plat for non-residential subdivisions. The document must meet the following guidelines: Tree Preservation Areas The tree preservation area must be shown on the plat as it relates to the subject property and must be dimensioned or described by metes and bounds for input into the city GIS system. • The Tree Preservation Area must be clearly marked on the Easement Plat or Final Plat and include the following • language: April 8, 2002 C:t'S SHARONDOCUMEN731FAYE,TEVILLEV72961FY296 DESIGN CONnUC7VSD 2002.DOC Tree Preservation Area The Tree Preservation Areas as indicated on this easement plat constitute a covenant running with the title of the subject property and are denoted for the property owners and their future successors, assignees or transferees to preserve, protect and maintain existing tree canopy. No tree removal or land disturbance as defined within the City ofFayetteville Unified Development Ordinance may occur within the Tree Preservation Area unless approved by the City ofFayetteville. Persons seeking removal ofsuch Tree Preservation Areas, or requesting to mod fy the property in such a way as to affect the canopy within, must seek approval from the City Council through a request made by the Landscape Administrator of the City ofFayetteville Approved by Date City of Fayetteville Landscape Administrator April 8, 2002 C: LSHARON'SDOCUMENTSIFAYE7TEVILLEIFY2961FY296 DESIGN CONTRAC71LSD 2002.DOC • •I 1• City of Fayetteville • Tree Mitigation Form • Project: Location I• Developer: Engineer: It is required that this form be submitted concurrently with the Tree Preservation Plan if mitigation of any kind is sought Canopy measurements: is I• Joe % Tree Canopy Required to be Preserved Total Area of Site Acres Square Feet Amount of Preservation Requirement Requested i Mitigation Acres Square Feet • % of Total Site Total Area of Existing Tree Canopy Acres Square Feet % of Total Site Area Existing Tree Canopy Preserved Square Feet % of Total Site Area Type of Mitigation Pursued: OOn Site Mitigation OOff Site Preservation OOff Site Forestation OTree Fund List Mitigation Species, Caliper, and Quantity of trees to be planted in the space below. Refer to table and on back for figuring quantity and caliper sizes. • Species Caliper Qty, • • • April 8. 2002 C. S 1ARON'S DOCUMEN7STAYETitVILW.fl'7961FY296 DESIGN CONTR1CIILSD 2002.DOC I. •i Amount proposed to be deposited in the City of Fayetteville Tree Fund: $ Mitigation Proposal: OApproved ODisapproved Signed: ,the Landscape Administrator, Tree Mitigation Base Density/Off Site Alternatives When preservation cannot be accomplished and existing canopy is to be removed below minimum canopy requirements, mitigation is required. Before any Mitigation/Off-Site Alternatives are carried out, approval must be granted by the Landscape Administrator. When mitigation is an issue a mitigation form, available from the Landscape Administrator, detailing all proposed actions should be submitted with the Tree Preservation Plan. Mitigation and reforestation densities, preferred species, spacing, and amounts are determined by the tables below. Existing High Priority Canopy Proposed For Removal Caliper i of Required # of trees Density Replacement per acre removed Factor 2" 200 218sf 11/2" I 230 11 190sf Existing Mid -Level Priority Existing Low Priority Canopy Canopy Proposed For Removal Proposed For Removal Required # of trees Density Required # of trees per Density per acre removed Factor acre removed Factor 150 290sf 100 436sf 173 II 252sf I 115 380sf 1" 11 250 11 175sf 11 188 II 232sf 11 125 11 350sf The Density Factor Is a ratio ofcanopy removed to number of trees Here are the 5 simple steps on how to calculate the size and number of trees needed for mitigation 1. Establish how many acres/square feet of canopy is proposed to be removed on site that falls below the minimum canopy requirement EX: 13,000 square feet of canopy 2. Establish the Priority type of the canopy proposed to be removed. EX: High Priority Canopy 3. Select what caliper of mitigation trees are going to be used. Note: Contact Nurseries to confirm caliper availability in the species desired EX: 2" 4. Refer to the table and fmd Density Factor that correlates with Canopy type removed and caliper size proposed for replacement. EX: High Priority Canopy to be replaced with 2" caliper trees has a Density Factor of 218sf per replacement tree 5. Take Density Factor and divide by the square feet of canopy removed to get number of mitigation trees needed. EX: 13,0000 sgft./218 Density Factor = 60 2" caliper trees to be planted On -Site Mitigation is preferred over Off -Site Alternatives. Show the location and species of mitigation trees on the tree preservation plans and submit the Mitigation/Off-Site Alternatives form at time of submittal April 8. 2002 C. SRARON'S DOCUMEN731FAYETTEVILLEIFY296IFY296 DESIGN CONTRAC7VSD 2002.DOC I SI •1 •i SI • • I• • I• I• I• I• I•• CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX A-2 - SCOPE OF SERVICES FOR FINAL DESIGN PHASE & BIDDING SERVICES WESTSIDE WASTEWATER TREATMENT FACILITIES EFFLUENT LINE This is Appendix A-2, consisting of four pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and McGOODWIN, WILLIAMS AND YATES, INC. dated Initial: CITY OF FAYETTEVILLE McGOODWIN, WILLIAMS AND YATES, The following contains more detailed Scope of Services tasks for the Final Design Phase than presented in the text of the Agreement for Professional Engineering Services: Generally, the project will include the final design of an effluent line (approximately 14,700 linear feet in length) to transport treated effluent from the new Westside Wastewater Treatment Facilities (WWTF) to a point of discharge downstream of the confluence of Goose Creek and Owl Creek. PART A — PROJECT ADMINISTRATION AND MANAGEMENT A.01 Project Initiation and Administration. McGoodwin, Williams and Yates, Inc. (MWY) will prepare and negotiate professional services contracts with the City of Fayetteville. MWY will provide project administration and management services during the detailed design and bid phases of the project. MWY will set up a file management system for the Westside Wastewater Treatment Facilities Effluent Line, track project progress, and will prepare billing invoices. A.02 Standards and Criteria. MWY agrees to utilize "Drafting Standards and Criteria," published for this project by the City of Fayetteville. MWY also agrees to utilize, to the extent practicable, the "Design Standards and Criteria" published for this project by the City of Fayetteville. A.03 SMcifications. MWY will use City -provided front-end documents and Division 1 Specifications in preparation of the Contract Documents. MWY will follow the MasterFormat and SectionFormat recommended by the Construction Specifications Institute during preparation of the Technical Specifications. MWY will follow the MasterFormat level one titles. Level two titles will be based upon the MasterFormat recommendations and MWY's experience and specifications for work of this type. The Section format will be based upon Part 1 - GENERAL; Part 2- PRODUCTS; and Part 3 — EXECUTION. Details contained in these Sections will be based upon MWY's experience for this type of work. A.04 Meetings. MWY will attend up to four City Council meetings and monthly progress meetings with the City, Program Manager, and other design consultants when appropriate. A.05 Subcontractor Coordination. MWY will coordinate the efforts of its subcontractors on this project. A.06 Construction Permits. MWY will prepare applications for Arkansas Department of Environmental Quality (ADEQ) construction permits for the City's execution. A.07 Project Performance Worlwlan. MWY will prepare and submit to the City of Fayetteville and the Arkansas Soil & Water Conservation Commission (ASWCC) a Project Performance Workplan for the Westside WWTF Effluent Line project. The Westside Wastewater Treatment Facilities Effluent Line route will be developed based upon the recommendations contained in the Final Facility Plan Amendment, RLF Project No. CS -050803-03, dated August, 2001, and approved by the ASWCC. B.0I Hydraulic Analysis. MWY will develop a hydraulic profile of the effluent line for annual average flow conditions, maximum month conditions, and peak flow conditions. B.02 Route Survey. MWY will conduct the necessary field design surveys for development of the construction contract documents. The route survey will determine the site topography and existing structures in close proximity to the selected route. B.03 Geotechnical Services. MWY will provide, through subcontract, geotechnical services and analyses required to provide the information necessary for design of the Westside WWTF Effluent Line. B.04 Value Engineering Review. A value engineering review is proposed for the Westside WWTF Effluent Line. The value engineering review is anticipated to occur at a 15-20 percent design stage. • MWY will attend an initial one -day training session for the Value Engineering Review. • MWY will attend a one -day meeting and present five copies of the available Drawings and Specifications for use during the Value Engineering (VE) Review. • MWY will attend a mid -point review session. • MWY will attend a one -day session to receive comments from the Value Engineering team. • MWY will assist the City of Fayetteville in preparing responses to items presented in the Value Engineering report. B.05 Design Review. MWY will prepare available Plans and Specifications and attend a one -day design review meeting at the 30 percent completion level and 95 percent completion level of design. B.06 Detailed Design. The results of the City's operational staff review meetings, the Value Engineering Review and the Operations Review will be summarized in a Design Memorandum for use in the preparation of final construction contract documents. PART C — PROJECT DESCRIPTION AND DETAILED DESIGN MWY will prepare final contract documents including construction drawings, front-end, Division I documents and Technical Specifications for construction of approximately 14,700 linear feet of effluent line. The final documents will incorporate review comments from the City of Fayetteville, the Arkansas Department of Environmental Quality (ADEQ), Arkansas Soil and Water Conservation Commission (ASWCC), and Arkansas Department of Health. C.01 Route Selection. MWY will determine a preliminary route selection for presentation to the City of Fayetteville and will walk the route with designated City staff. Route adjustments will be based upon the preliminary route selection. C.02 Pipe Size and Type. MWY will determine and recommend the appropriate pipe size and type(s) of materials to be utilized during construction. MWY will prepare an hydraulic profile for the recommended pipeline as set out in Section A above. • 0I 1• C.03 Pipeline Termination. MWY will design an appropriate terminus for the pipeline. • C.04 Easement Preparation. After the City of Fayetteville concurs in the final route selection, MWY • will provide the necessary services for easement preparation, including a) land ties; b) property research; and c) preparation of the easement description to be used in the acquisition documents. Easement description preparation shall include provisions for temporary construction, ingress, egress, bore pits, etc. MWY will provide an easement document which incorporates the easement description on a form approved or provided by the City of Fayetteville's attorney. The document will be suitable for execution • and recordation containing a description of the permanent easement, temporary construction easement, and temporary easements as required for ingress and egress. MWY will provide a right-of-way map at a suitable scale (I" = 200') which shows the project centerline, easement limits, property lines, tract numbers, owner names, and street names. In congested areas or where tracts are smaller than five acres in size, supplemental sheets at a suitable scale (1" = 50' or 1" = 100') will be provided. In project areas where suitable orthographic aerial photography is available, the photography will be used as a background on the right-of-way map. MWY will provide an 8'/a -inch x 11 -inch drawing to accompany each easement document. The drawing will be at an appropriate scale and utilize an orthographic photo background where such imagery is available with a suitable resolution. The easement drawings shall be descriptive and only intended to be used to aid the easement grantor in visualizing the easement to be conveyed. The drawing shall not constitute a plat of the grantor's property and will not be sealed. C.05 Permit Application. MWY will prepare three city road crossing permit applications for submission by the City of Fayetteville to reviewing agencies. C.06 Coordination of Work • NPDES Discharge Permit — The City of Fayetteville has an existing contract with others to develop • • stream models for effluent discharge at the new Westside WWTF. MWY will coordinate the start date of design for the effluent sewer line based upon the results of stream modeling and the recommended discharge point. C.07 Services and Items Not Included • • Effluent Post -Oxygenation — Post -aeration and -oxygenation facilities have been included in the proposed design of the WWTF. These facilities are to be located at the proposed WWTF site. No remote in -stream post -aeration or -oxygenation facilities are included in the effluent line work. • Fees and Publication Costs — Fees associated with federal or state agency review of the project or publication of the Invitation to Bid are not included in this project. State and federal agency review fees and publication fees will be paid by the City of Fayetteville. S PART D — SUBMISSION OF PLANS AND SPECIFICATIONS TO REVIEWING AGENCIES MWY will submit Plans and Specifications to the following agencies for review: • Arkansas Soil and Water Conservation Commission (ASWCC) • • Arkansas Department of Environmental Quality (ADEQ) • Arkansas Department of Health (ADH) • Corps of Engineers (COE) PART E - ENVIRONMENTAL REQUIREMENTS r It is our understanding that as part of this project, the City of Fayetteville will retain the services of an • environmental consultant to assist MWY in the development of a Wetland Mitigation Plan, and to independently develop a Stormwater Prevention Plan (SWPP), Best Management Practices Plan (BMP), and the 404 permit application for this project. MWY will assist in the review of the SWPP and BMP as 1• • it pertains to the Effluent Line construction. PART F — BIDDING SERVICES • • F.01 MWY will prepare an opinion of probable construction cost prior to bid. Cost opinions and projections prepared by MWY and its subcontractors relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on MWY and its subcontractors' experience, qualifications, and judgment as a design professional. Since MWY and its subcontractors have no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, MWY and its subcontractors do not guarantee that actual rates, costs, performance schedules, and related items will not vary from cost opinions and projections prepared by them. • F.02 MWY will prepare an Invitation to Bid to be published by the City of Fayetteville. F.03 MWY will distribute construction Contract Documents to prospective bidders. A fee to prospective bidders will be charged by MWY to recover the reproduction, administration and shipping costs of the Contract Documents. • F.04 MWY will attend one pre -bid conference. F.05 MWY will issue and submit to the Program Manager and ASWCC proposed addenda and clarifications to the construction Contract Documents. F.06 After the receipt of bids, MWY will prepare a Recommendation of Award for consideration by • • the City of Fayetteville. F.07 MWY will attend one Water and Sewer Committee Meeting and one City Council Agenda Session, and one City Council Meeting for presentation of the Recommendation of Award. r • CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES I• APPENDIX A-3 - SCOPE OF SERVICES FOR FINAL DESIGN PHASE & BIDDING SERVICES BROYLES ROAD IMPROVEMENTS is I• 1• I• • This is Appendix A-3, consisting of four pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and McGOODWIN, WILLIAMS AND YATES, INC. dated Initial: CITY OF FAYETTEVILLE McGOODWIN, WILLIAMS AND YATES, IN . The following contains more detailed Scope of Services tasks for the Final Design Phase than presented in the text of the Agreement for Professional Engineering Services: Generally, the project will include the final design of Broyles Road from the intersection of Persimmon and Broyles Road, generally southward to the intersection of Broyles Road and County Road 649. The roadway is anticipated to be approximately 5900 feet in length and approximately 38 feet back-to-back of curb, or less. The work also consists of the construction of approximately 1000 linear feet of access road to the new Westside Wastewater Treatment Facility (WWTF) site. PART A — PROJECT ADMINISTRATION AND MANAGEMENT A.01 Project Initiation and Administration. McGoodwin, Williams and Yates, Inc. (MWY) will prepare and negotiate professional services contracts with the City of Fayetteville. MWY will provide project administration and management services during the detailed design and bid phases of the project. MWY will set up a file management system for the Broyles Road Improvements, track project progress, and will prepare billing invoices. A.02 Standards and Criteria. MWY agrees to utilize "Drafting Standards and Criteria," published for this project by the City of Fayetteville. MWY also agrees to utilize, to the extent practicable, the "Design Standards and Criteria" published for this project by the City of Fayetteville. A.03 Specifications. MWY will use City -provided front-end documents and Division I Specifications in preparation of the Contract Documents. MWY will follow the MasterFormat and SectionFormat recommended by the Construction Specifications Institute during preparation of the Technical Specifications. MWY will follow the MasterFormat level one titles. Level two titles will be based upon the MasterFormat recommendations and MWY's experience and specifications for work of this type. The Section format will be based upon Part I — GENERAL; Part 2 — PRODUCTS; and Part 3 — EXECUTION. Details contained in these Sections will be based upon MWY's experience for this type of work. A.04 Meetings. MWY will attend up to two City Council meetings and monthly progress meetings with the City, Program Manager, and other design consultants when appropriate. A.05 Subcontractor Coordination. MWY will coordinate the efforts of its subcontractors on this project. 71 PART B — PROJECT DEVELOPMENT • The Broyles Road Improvements will be developed generally based upon the recommendations contained • in the Final Facility Plan Amendment, RLF Project No. CS -050803-03, dated August, 2001, and approved by the Arkansas Soil & Water Conservation Commission (ASWCC). B.01 Route Survey. MWY will conduct the necessary field design surveys for development of the construction contract documents. The route survey will determine the site topography and existing structures in close proximity to the selected route. • B.02 Geotechnical Services. MWY will provide, through subcontract, geotechnical services and analyses required to provide the information necessary for design of the Broyles Road Improvements. B.03 Hydrologic Evaluation. MWY will develop hydrologic evaluations and models for four (4) stream crossings and submit findings to FEMA for review. • B.04 Creek and Stream Crossings. MWY will develop bridge/culvert recommendations and design for stream crossings at Goose Creek (2 each), Goose Creek Tributary, and Owl Creek. B.05 Design Review. MWY will prepare available Plans and Specifications and attend a one -day design review meeting at the 30 percent completion level and a one -day design review meeting at the • 95 percent completion level of design. PART C — PROJECT DESCRIPTION AND DETAILED DESIGN MWY will prepare final contract documents including construction drawings, front-end, Division I documents and Technical Specifications for construction of approximately 5800 linear feet of Broyles • • Road and approximately 1000 linear feet of site access road. See Attachment A3 -C for the general route description. The final documents will incorporate appropriate review comments from the City of Fayetteville, Washington County, and Arkansas Soil and Water Conservation Commission (ASWCC). • C.01 Route Selection. MWY will determine a preliminary route selection for presentation to the City of Fayetteville and will walk the route with designated City staff. Route adjustments will be based upon the preliminary route selection. C.02 Easement Preparation. After the City of Fayetteville concurs in the final route selection, MWY will provide the necessary services for easement preparation, including a) land ties; b) property research; • and c) preparation of the easement description to be used in the acquisition documents. Easement description preparation shall include provisions for temporary construction, ingress, egress, bore pits, etc. MWY will provide an easement document which incorporates the easement description on a form approved or provided by the City of Fayetteville's attorney. The document will be suitable for execution and recordation containing a description of the permanent easement, temporary construction easement, and temporary easements as required for ingress and egress. MWY will provide a right-of-way map at a • suitable scale (I" = 200') which shows the project centerline, easement limits, property lines, tract numbers, owner names, and street names. In congested areas or where tracts are smaller than five acres in size, supplemental sheets at a suitable scale (1" = 50' or 1" = 100') will be provided. In project areas where suitable orthographic aerial photography is available, the photography will be used as a background on the right-of-way map. MWY will provide an 8 Y2 -inch x 11 -inch drawing to accompany • each easement document. The drawing will be at an appropriate scale and utilize an orthographic photo • background where such imagery is available with a suitable resolution. The easement drawings shall be descriptive and only intended to be used to aid the easement grantor in visualizing the easement to be • is 1• 1. I• I• • conveyed. The drawing shall not constitute a plat of the grantor's property and will not be sealed. C.03 Permit Application. It is our understanding that as part of this project, the City of Fayetteville will retain the services of an environmental consultant to assist MWY in the development of a Wetland Mitigation Plan, and to independently develop a Stormwater Prevention Plan (SWPP), Best Management Practices Plan (BMP), and the 404 permit application for this project. MWY will assist in the review of the SWPP and BMP as it pertains to the Broyles Road Improvements. MWY shall prepare documents generated during the design process for inclusion in 404 permits, FEMA permits, and other permits as required by the City of Fayetteville and Washington County. C.04 Coordination of Work. MWY will coordinate with design engineers for that part of Broyles Road extending north from Persimmon Street to Highway 16. C.05 Services and Items Not Included • Fees and Publication Costs — Fees associated with federal or state agency review of the project or publication of the Invitation to Bid are not included in this project. State and federal agency review fees and publication fees will be paid by the City of Fayetteville. PART D — SUBMISSION OF PLANS AND SPECIFICATIONS TO REVIEWING AGENCIES MWY will submit Plans and Specifications to the following agencies and authorities for review: • Washington County • City of Fayetteville • • PART E — ENVIRONMENTAL REQUIREMENTS 1• I• 10 1• It is our understanding that as part of this project, the City of Fayetteville will retain the services of an environmental consultant to assist MWY in the development of a Wetland Mitigation Plan, and to independently develop a Stormwater Prevention Plan (SWPP), Best Management Practices Plan (BMP), and the 404 permit application for this project. MWY will assist in the review of the SWPP and BMP as it pertains to Broyles Road construction. PART F — BIDDING SERVICES F.01 MWY will prepare an opinion of probable construction cost prior to bid. Cost opinions and projections prepared by MWY and its subcontractors relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on MWY and its subcontractors' experience, qualifications, and judgment as a design professional. Since MWY and its subcontractors have no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, MWY and its subcontractors do not guarantee that actual rates, costs, performance schedules, and related items will not vary from cost opinions and projections prepared by them. F.02 MWY will prepare an Invitation to Bid to be published by the City of Fayetteville. F.03 MWY will distribute construction Contract Documents to prospective bidders. A fee to • prospective bidders will be charged by MWY to recover the reproduction, administration and shipping costs of the Contract Documents. I• •1 F.04 MWY will attend one pre -bid conference. • F.05 MWY will issue and submit to the Program Manager and ASWCC proposed addenda and clarifications to the construction Contract Documents. F.06 After the receipt of bids, MWY will prepare a Recommendation of Award for consideration by the City of Fayetteville. 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CONSULTANT OVERVIEW SHEET 2. PROFESSIONAL SERVICES AGREEMENT Fayetteville City Council Meeting - June 10, 2003 Wastewater Project Design/Bidding Contracts 33 I• I• I• I• I• 1•• WASTEWATER SYSTEM IMPROVEMENT PROJECT FAYETTEVILLE, ARKANSAS PROJECT TITLE: Westside Sewers and Pump Stations CONSULTANT: RJN Group, Inc. Rezional Office Address Local Office Address 12160 Abrams Road, Suite 206 26 E. Meadow, Suite C Dallas, TX 75243 Fayetteville, AR 72701 Ph: (972) 437-4300 Pb: (479) 444-6119 Primary Contact: Mr. Hugh M. Kelso, Vice President Email: hkelso(abin.com SUB -CONSULTANT: McClelland Consulting Engineers 1810 N. College Street Fayetteville, AR 72701 (479) 443-2377 Services provided by McClelland will include surveying, lift station design, sewer line design, geotechnical, and casement preparation. 1 I' ' ?II/ 1 ' . 1 1 I �I 1. .____.'fl'• 1 .1 11 1 1 • •: 1 ::1 1• I :C 11 1 1 1' I •1 1: 1• :� 1 : 1 : V I I I 1 11 : lit I K '11 ' Y II :1 I 1 1 • II 11 1.1111 1 IJ "wI I I 1 1 111 1 :11'11: 1' ('I 1 11L1 1 ' I'd 1. 1': IIV. 1:1 :11 111 1 .I 1 11 r 1. -1 V .11 1 1 :Y 1 IL' 1 1 :1 Y L ' 1 II 1 1• 1 V. .tio 1 .s IiIIi• :1 . i.e •water1:i '11 L1 YI 1st VI 11 1spect 11 ' I': completed L. . '• .14 1 :VIII :r* '1 U. 11 1 VI ' 1 1.'1I I1:1I 11 Y1.11.1 :'1YI :YI YII 1:1 1 ♦11 , 1 :1 11 II 11 , :111 , 1, wv 1 - •ttj lii • VI 1 11 1 1.I 1'11 I✓ -: 1 '.II I' I 1111 1 1:� 1 • I I K 11 L1 1.1 II 1 I .0 lwul IJII:N 11 Ion 11l11"1 1 I I'Y.u1I 1 1 n 1 ✓. 1 Y: I 1' 1 n UI�. r111 1 11' I' Y.u.. :II In ,,II :11 ll• •Y...v I n' 1 I. r 1:1 L' 11..'LYI .I. .11'.11 11 InK 1 ..1 I� .1 I I•A IJ SCOPE OF SERVICES TO BE PROVIDED: The scope of services for the West Side Sewer Project includes: I 111 p. __11' 1' �1 • . _« 1-n .n :! I. CIS.... 34 Li K •. '• Y: NI it 1 • FI 1 �•.: .t1 fl 1 :1 AI • 1 • 1 1': • I, 1 1 • 1 1 1'K 1�•specifications \ 11 1 •lKa Iw 1. 1\.I♦ Y. \ 1 1 • •I n 1 41•• • •.. _V 1 :. I••1 YI 1.1M II. 1 • 1 M 1 I' •' 1 i 1 C 1 I• V I Y: 1. 14 •\ 11 • .. M.• Y 1 1: 1. 1 1' 1 •• 1 1 YI • 1 • 1 1 ill :1 1 I. 1 1 • I • 1 • • \ 1 • 1' w 1 ' i 1 • LM ♦ 1 \ 1 1 • .1 • 11 1 1 • I •' • \ 1 \ i' • CONSULTING , ' 1 1 , ' I •'1' of"' Yis 1.• s IY includeV. nl 1"Y •acquisition fI I 1 YI :III 1I. 'I documents. \'1 11 n1 I 1 ' i 11 1 Itect 1 1 I I endangered • 11 :K I •• c I I 1 1 1 1 IF 6 II' 1 I:I 1 1 III' 1' 1 11 11 11:1'11'11 •N ✓1 YpI' Construction IP:�NI 1: I'ti'll'I Il1:Yl llw w preparation I /i 11: 11 wI n 1 Y. 1 I 1 "I 1• II 1 .1 $2&400,000'St CONSULTANT SERVICES CONTRACT AMOUNT FOR THE LISTED SCOPE OF SERVICES: $2.500,718 •• I• IA I• I• + I f q Y --'I, 11 :1:. • 1.M IN'll B 11114• III:Mq • S. • AGREEMENT For • PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And RJN GROUP, INC. • THIS AGREEMENT is made as of , 2003, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and RJN • GROUP, INC. with offices located in Fayetteville, Arkansas (hereinafter called RUN GROUP, INC.). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the planning, design, permitting, construction, operation, maintenance, management, and financing • of the Fayetteville Wastewater System Improvement Project and in particular Westside Collection System Improvements (The "Project"). Therefore, CITY OF FAYETTEVILLE and RJN GROUP, INC. in consideration of their mutual covenants agree as follows: • RJN GROUP, INC. shall serve as CITY OF FAYETFEVILLE's professional engineering consultant in • those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of RJN GROUP, INC.'s services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. If Construction Phase Services are to be provided by RJN GROUP, INC. under • this Agreement, the construction shall be executed under the observation of a professional engineer registered in the State of Arkansas in accordance with Arkansas Code Amended §22-9-101. SECTION 1- AUTHORIZATION OF SERVICES • 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of RJN GROUP, INC. 1.2 Assignments may include services described hereafter as Basic Services or as Additional • Services of RJN GROUP, INC. 1.3 Changes, modifications or amendments in scope, price or fees to this contract • shall not be allowed without a formal contract amendment approved by the • I. Professional Services-Design-Final-May2003 052303 •1 Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2- BASIC SERVICES OF 2.1 General 2.1.1 Perform professional design services in connection with the Project as hereinafter stated, which shall include normal civil, structural, mechanical, and electrical engineering services and normal architectural design services incidental thereto. 2.1.1.1 The Scope of Services to be furnished by RJN GROUP, INC. during the Final Design Phase is included in Section 2.2 hereafter and in Appendix A attached hereto and made part of this Agreement. 2.1.1.2 The Scope of Services to be furnished by RJN GROUP, INC.during the Bidding Phase is included in Section 2.3 hereafter and in Appendix B attached hereto and made part of this Agreement. 2.1.1.3 The Scope of Services to be furnished by RJN GROUP, INC. during the Construction Phase, if any, will be finalized and contained in an amendment to this Agreement after Final Design is completed. 2.1.1.4 The Scope of Services to be furnished by RJN GROUP, INC. during the Post - Construction Phase, if any, will be finalized and contained in an amendment to this Agreement after Final Design is completed. 2.1.1.5 The preliminary Scope of Services to be furnished by RJN GROUP, INC. for Resident Services During Construction, if any, will be finalized and contained in an amendment to this Agreement after Final Design is completed. 2.1.2 CITY OF FAYETTEVILLE has retained the services of BURNS & McDONNELL ENGINEERING COMPANY, INC., a Missouri Corporation specializing in consulting engineering services, as the "Program Manager" for the Wastewater System Improvement Project. The professional design services to which this Agreement applies are a part of the Wastewater System Improvement Project. RJN GROUP, INC. shall coordinate their activities and services primarily with Program Manager and all other parties that CITY OF Professional Services-Design-Final-May2003 052703 • •I •I •I •I • •I •I •1 I* • FAYFI TEVILLE may contract with for program management or professional design services as a part of the Wastewater System Improvement Project RJN GROUP, INC. and CITY OF FAYETTEVILLE agree that RJN GROUP, INC. has full responsibility for the engineering design. 2.2 Final Design Phase 2.2.1 Prepare for incorporation in the Contract Documents detailed drawings to show the character and scope of the Work to be performed by contractors on the Project (hereinafter called the "Contract Drawings"), and Invitation to Bid, Instructions to Bidders, Bid Form, Agreement and Bond forms, General Conditions, and Specifications (all of which, together with the Contract Drawings, are hereinafter called the "Bid Documents') for review and approval by CITY OF FAYETTEVILLE, its legal counsel, and other advisors as appropriate, and assist CITY OF FAYEITEVILLE in the preparation of other related documents. 2.2.1.1 Bid documents shall be based on Construction Specifications Institute (CSI) Master Format and Section Format and shall incorporate CTTY OF FAYETTEVILLE's standard general conditions and forms. Bid documents shall include required forms for State Revolving Loan Fund funding. Text documents shall be provided to CITY OF FAYETTEVILLE in Microsoft® Word version 2000 software. Contract drawings shall be prepared using standard borders, sheet sizes, title blocks and CADD standards provided by CITY OF FAYETTEVI) -E. RJN GROUP, INC. may use their normal software for the preparation of drawings but the final product shall be provided to CITY OF FAYETTEVILLE in Autodesk AutoCAD version 2000. 2.2.1.2 Develop and include in Appendix A of this Agreement for approval by CITY OF FAYETTEVILLE, a project design schedule in which RJN GROUP, INC. shall include, in an acceptable level of detail, the steps and milestone dates to be undertaken by RJN GROUP, INC. in the completion of this final design. This Schedule shall include reasonable allowances for review and approval times required by CITY OF FAYETTEVILLE, performance of services by CITY OF FAYETTEVILLE's consultants, and review and approval times required by public authorities having jurisdiction over the Project. This schedule shall be equitably adjusted as the Project progresses, allowing for changes in scope, character or size of the Project requested by CITY OF FAYETTEVILLE, or for delays or other causes beyond RJN GROUP, INC.'s Professional Services-Design-Final-May2003 052703 reasonable control. Nonconformance with this schedule by RJN GROUP, INC. and its subconsultants may result in the assessment of damages payable by RJN GROUP, INC. to the CITY OF FAYETFEVILLE for costs and damages incurred. The maximum cost liability of RJN GROUP, INC. shall be limited to the total gross amount payable to or through the Consultant authorized under this agreement, including amendments thereto. 2.2.1.2.1 The progress design schedule shall consist of a bar chart schedule depicting the duration of each sub -project and the discrete milestone activities which make up the sub -projects, but at a minimum shall include contract drawings, contract specifications, and design reviews as indicated in Section 2.2.10. Separate line items and durations may be shown for costs that apply to the Project as a whole, including, but not limited to, Project Management and Administration, Insurance, Value Engineering, surveys, subcontracted work, and property acquisition and easement documents. RJN GROUP, INC. shall assign to each schedule activity of the progress design schedule a corresponding cost value that shall include a monthly allocation for labor, expenses, overhead, and profit. The sum of all cost values assigned shall equal the Lump Sum Amount shown in Section 6.1.1. of this Agreement. 2.2.1.3 When requested by the CITY OF FAYETTEVILLE's Water and Wastewater Director, prepare for and attend up to four City Council meetings to provide periodic updates on the progress of the final design. 2.2.1.4 If the plans and specifications for the project require bids on alternates in addition to a base bid, there shall be no more than three (3) alternates, and the alternates shall be developed and described in accordance with Title 22, Article 9-203 of the Arkansas Code. 2.2.1.5 To the extent practicable, evaluate the feasibility of sequencing and segmenting the Work into stand alone multiple construction or procurement packages which may yield immediate operating benefits to the CITY OF FAYETTEVILLE and give these first priority for completion. The separate design or procurement packages to be completed by RJN GROUP, INC. are listed below. 2.2.1.5.1 1. Old Wire Road to Gregg Avenue Lift Station (including Basin 5 Interceptor) 2.2.1.5.2 2. North Street Lift Station to Poplar Lift Station to Gregg Avenue Professional Services-Design-Final-May2003 052703 •I •I • •I 1• 2.2.1.5.3 3. Gregg Avenue Lift Station to Hamestring Lift Station 2.2.1.5.4 4. Porter Road Lift Station to Hamestring Lift Station 2.2.1.5.5 5. Hamestring Lift Station to Proposed W WTP 2.2.1.5.6 6. Hamestring Lift Station 2.2.1.5.7 7. Gregg Avenue Lift Station Upgrade 2.2.1.5.8 8. Lift Station 11 to Lift Station 12 to WWTP and Farmington Lift Station (Optional) 2.2.2 Prepare technical criteria, written descriptions, design data, and applications necessary for filing applications for permits from or approvals of the following applicable governmental authorities having jurisdiction to review or approve the final design of the Project and assist in securing approvals. Approval letters and permits shall be furnished to the Arkansas Soil and Water Conservation Commission, including the written approvals from the Arkansas Department of Health and the Arkansas Division of Environmental Quality. Actual Filing and Permit Fees will be paid by the CITY OF FAYETTEVILLE. Assist CITY OF FAYETTEVILLE in consultations with appropriate authorities. 12.2.1 Arkansas Soil and Water Conservation Commission (ASWCC) 2.2.2.3 Arkansas Department of Environmental Quality (ADEQ) • 2.2.2.4 U.S. Army Corps of Engineers (COE) 2.2.2.5 Fayetteville Planning Commission 2.2.2.6 Washington County Court • 2.2.2.7 City of Farmington 2.2.2.8 Arkansas State Highway and Transportation Department • 2.2.2.9 Railroad Authorities I. Professional Services-Design-Final-May2003 052703 •I 2.2.3 Advise CITY OF FAYETTEVILLE of adjustments in excess of five percent of the cost opinion for the Project caused by changes in scope, design requirements, or construction costs and furnish a revised cost opinion for the Project based on the final Bid Documents. 2.2.4 Advise CITY OF FAYETTEVILLE of final Opinion of Probable Project Costs, including, but not limited to, construction, inspection, testing, startup, O&M Manuals, and one-year performance evaluation. 2.2.5 Furnish CITY OF FAYETTEVILLE with 10 copies of the final Bid Documents. 2.2.6 Determine land and easement requirements and provide consultation and assistance on property procurement as related to professional engineering services being performed. 2.2.7 Provide appropriate professional interpretations of data, geotechnical investigations, core borings, probings and subsurface explorations, hydrographic surveys, laboratory tests, and inspections of samples, materials and equipment obtained through subcontract services for authorized Project services including property, boundary, easement, right-of-way, topographic, and utility surveys; noting zoning and deed restrictions. - 2.2.7.1 Fully disclose all subcontract agreements including the name and address of the subconsultant, the scope of services to be provided and the value of the subcontract agreement. 2.2.7.2 Incorporate into all subcontract agreements for planning and design engineering services the applicable milestone dates from the Submittal Schedule contained in the Memorandum of Agreement, as amended, between ASWCC and the CITY OF FAYETTEVILLE and require all RJN GROUP, INC. subconsultants to be bound by the Submittal Schedule. RJN GROUP, INC. will provide a preliminary and final project performance work plan for submission to ASWCC. 2.2.8 Render monthly Work progress reports to CITY OF FAYETTEVILLE and Program Manager and confirm status of compliance with final design schedule. 2.2.9 Provide to the Program Manager in a format mutually acceptable to the Program Manager and RJN GROUP, INC. such schedules, reports, opinions of probable costs, renderings, project summaries, and other data as may be required, for posting by others on a project web site to allow the public to monitor and review the activities, materials, and financial status of Professional Services-Design-Final-May2003 052703 0 •I •1 •I Si •0I Si •1 I• • 1• I• 1• • the project. Refresh the data supplied to the Program Manager no more frequently than monthly. 2.2.10 Design shall be reviewed by CITY OF FAYETFEVILLE, or such parties as CITY OF FAYETTEVILLE shall designate, at the applicable completion levels outlined below. 2.2.10.1 West Side Collection System Improvements — 30 percent and 90 percent 2.2.10.2 East Side Collection System Improvements — 30 percent and 90 percent 2.2.10.3 West Side WWTP: 'iii �. �.r .r. Improvements1 r. wr rr rl wi ' r w r r 1, r . i r 1 percent ujIr' rnr wr .r 1 r' 'r c1 , r r, rl c. 'r 2.2.10.4 Paul Noland Facility. • Wet Weather Package — 30 percent and 90 percent. • Headworks Package — 30 percent, 60 percent, and 90 percent • Solids Handling Package — 30 percent, 60 percent, and 90 percent 2.2.11 See Appendix A for additional services or clarification of services to be provided by RN GROUP, INC. 2.3 Bidding Phase 2.3.1 RUN GROUP, INC. will follow Arkansas Soil and Water Conservation Commission statutory bidding protocol for State Revolving Loan Fund. 2.3.2 Arrange for bidding notices to be sent to contractors publishing services and direct mailing to contractors of record. Notices shall comply with requirements of CITY OF FAYETTEVILLE and Revolving Loan Fund (RLF) administered by the Arkansas Soil and Water Conservation Commission, Construction Assistance Division, and the Arkansas Development Finance Authority (ADFA). The legal notice to be placed in legal notices section of a local newspaper(s) of countywide and statewide circulation and shall be coordinated with CITY OF FAYETTEVILLE purchasing agent and an affidavit of publication secured. I. Professional Services-Design-Final-May2003 052703 •I 2.3.3 Prepare addenda for drawings and Bid Documents as required and submit to Program Manager in timely manner such that addenda can be issued by RJN GROUP, INC. in accordance with Construction Contract General Conditions. All bidding protocols shall conform to ASWCC statutory requirements with all addenda being approved by ASWCC prior to issuance. 2.3.4 Secure updated state and federal wage rate decisions and incorporate into the Bid Documents. Update wage rate decision by addendum if necessary. 2.3.5 Assist CITY OF FAYETTEVILLE by issuing and tracking Bid Documents, addenda and communications during bidding and maintain list of plan holders. Print and distribute copies of plans and specifications for all prospective bidders and plan rooms. Collect from prospective bidders an appropriate non-refundable fee to offset cost of reproducing and distributing Bidding Documents. 2.3.5.1 RJN GROUP, INC. shall attend a Pre -Bid Conference organized, convened, and conducted by the Program Manager to explain the project requirements and receive •I •I •I 7 questions from prospective bidders. RJN GROUP, INC. shall consider the questions received and issue necessary clarifications and changes to the Bid Documents through the • • use of addenda. Make logistical arrangements for and conduct a site tour of the project area. 2.3.6 Assist CITY OF FAYETTEVILLE in obtaining and evaluating bids and preparing construction contracts. RJN GROUP, INC. shall prepare and submit bid certification documents to ASWCC for review. 2.3.7 Consult with and advise CITY OF FAYETTEVILLE as to the acceptability of subcontractors and other persons and organizations proposed by the prime construction contractor(s), hereinafter called "Contractor(s)," for those portions of the work as to which such acceptability is required by the Bid Documents. 2.3.8 Make recommendations regarding award of construction contracts. 2.3.9 Attend Water and Sewer Committee meeting and the ensuing City Council meeting to recommend action by the respective bodies. Prepare and present a recommendation complete with such supporting information as necessary for the bodies to make an informed decision • on the action recommended. •I •I •1 •I Professional Services-Design-Final-May2003 052703 • 1• • 2.3.10 Develop and include in Appendix B of this Agreement, a bidding services schedule in which • RJN GROUP, INC. shall include, in an acceptable level of detail, the steps and milestone dates to be undertaken by RJN GROUP, INC. in the completion of the bidding services. The bidding services schedule shall consist of a bar chart schedule depicting the duration of the bidding period of each sub -project and the discrete milestone activities which make up the • sub -projects. Separate line items and durations may be shown for costs that apply to the Project as a whole, including, but not limited to, Project Management and Administration, and Insurance. RJN GROUP, INC. shall assign to each schedule activity of the bidding services schedule a corresponding cost value which shall include a monthly allocation for • labor, expenses, overhead, and profit. The sum of all cost values assigned shall equal the Lump Sum Amount shown in Section 6.1.2. of this Agreement. 2.3.11 See Appendix B for additional services or clarification of services to be provided by RJN IS GROUP, INC. 2.4 Construction Phase • 2.4.1 The scope of Construction Phase Services, if any, will be negotiated following completion of • Design Phase Services. 2.5 Post -Construction Phase • 2.5.1 The scope of Post -Construction Phase Services, if any, will be negotiated following completion of Design Phase Services. 2.6 Resident Services During Construction • 2.6.1 The scope of Resident Services During Construction, if any, will be negotiated following completion of Design Phase Services. SECTION 3- ADDITIONAL SERVICES OF 3.1 General If authorized in writing by the CITY OF FAYE'ITEVILLE Mayor and the City Council and agreed to in writing by RJN GROUP, INC., RJN GROUP, INC. shall furnish or obtain from others Additional Services of the following types that are not considered normal or customary Basic Services. The scope of Additional Services may include: Professional Services-Design-Final-May2003 052703 II 3.1.1 Grant and Loan Assistance 0 I Prepare applications and supporting documents for governmental grants, loans, or advances. 3.1.2 Financial Consultation Consult with CITY OF FAYETTEVILLE's fiscal agents and bond attorneys and provide such engineering data as required for any bond prospectus or other financing requirements. 3.1.3 Administrative Assistance Provide Contract and Project administration to the degree authorized by CITY OF FAYETTEVILLE. 3.1.4 Furnishing renderings or models of the Project for CITY OF FAYETTEVILLE's use. •I •1 3.1.5 Miscellaneous Studies • I Investigations involving detailed consideration of operations, maintenance, and overhead expenses, and the preparation of rate schedules, earnings, and expense statements; feasibility studies; appraisals and valuations; detailed quantity surveys of material, equipment, and labor and audits or inventories required • in connection with construction performed by CITY OF FAYETTEVILLE. 3.1.6 Preparing to serve or serving as a witness for CITY OF FAYETIEVILLE in any litigation or other proceeding involving the Project. 3.1.7 Extra Services 3.1.7.1 Services not specifically defined heretofore that may be authorized by CITY OF FAYETTEVILLE. 3.2 Contingent Additional Services 3.2.1 If services described under Contingent Additional Services in Paragraph 3.2 are required due to circumstances beyond RJN GROUP, INC.'s control, RJN GROUP, INC. shall notify CITY OF FAYETTEVILLE and request a formal contract amendment approved by the Mayor and the City Council prior to commencing such services. If CITY OF FAYETTEVILLE deems 7 •I •1 •1 that such services described in 3.2 are not required, CITY OF FAYETTEVILLE shall give prompt written notice to RJN GROUP, INC. If CTTY OF FAYETFEVILLE indicates in • Professional Services-Design-Final-May2003 052703 • writing that all or parts of such Contingent Additional Services are not required, RJN GROUP, INC. shall have no obligation to provide those services. 3.2.2 Making revisions in Drawings, Specifications, or other documents when such revisions are: 3.2.2.1 Required because of inconsistent approvals or instructions previously given by CITY OF FAYETTEVILLE, including revisions made necessary by adjustments in CITY OF FAYETTEVILLE's program or Project Budget. 3.2.2.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents. SECTION 4- RESPONSIBIIdTIES OF CITY OF FAYETTEVILLE CITY OF FAYEITEVILLE shall, within a reasonable time, so as not to delay the services of RJN GROUP, INC. 4.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 4.2 Assist RJN GROUP, INC. by placing at RJN GROUP, INC.'s disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 4.3 Guarantee access to and make all provisions for RJN GROUP, INC. to enter upon public and private property as required for RJN GROUP, INC. to perform his services under this Agreement. 4.4 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals, and other documents presented by RJN GROUP, INC. and render in writing decisions pertaining thereto. 4.5 Provide such professional legal, accounting, financial, and insurance counseling services as may be required for the Project. 4.6 Designate in writing a person to act as CITY OF FAYETTEVILLE's representative with respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVELLE's policies and decisions with respect to materials, equipment, elements Professional Services-Design-Final-May2003 052703 and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 4.7 4.8 4.9 4.10 4.11 4.12 Give prompt written notice to RJN GROUP, INC. whenever CITY OF FAYETFEVILLE observes or otherwise becomes aware of any defect in the Project. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. Pay directly to the governmental authorities the actual filing and permit fees. Pay for placement of legal notices and advertisements in newspapers or other publications required by program requirements of the Wastewater System Improvement Project. Furnish, or direct RJN GROUP, INC. to provide, necessary Additional Services as stipulated in Section 3 of this Agreement or other services as required. If CITY OF FAYETTEVILLE's standard bidding requirements, Agreement forms and General Conditions are to be used, CITY OF FAYETTEVILLE shall provide copies of such documents for RJN GROUP, INC.'s use in coordinating the Contract Drawings and Specifications. CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to RJN GROUP, INC. in a timely manner. SECTION 5- PERIOD OF SERVICE 5.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 5.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. RJN GROUP, INC. will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. Professional Services-Design-Final-May2003 052703 1• • SECTION 6- PAYMENTS TO • 6.1 Compensation 6.1.1 Final Design Phase Services I• 1• I• For the Scope of Services during the Final Design Phase described herein, CITY OF FAYETTEVILLE shall pay RJN GROUP, INC. the lump sum amount of Two Million, Three Hundred Eighty -Three Thousand, Four Hundred Sixty -Three United States Dollars (US $2,383,463.00). 6.1.1.1 Subject to the City Council approval, adjustment of the lump sum amount may be made should RJN GROUP, INC. establish and CITY OF FAYETTEVILLE agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed, or if CITY OF FAYEI'I'EVTLLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. 6.1.1.2 Monthly statements for each calendar month shall be submitted to CITY OF FAYEITEVILI or such parties as CITY OF FAYETTEVILLE may designate for Design services consistent with RJN GROUP, INC.'s normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by RJN GROUP, INC. and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project design schedule as the basis for determining the value earned as the work is accomplished. Final payment for Design services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the Design phase for the Project. 6.1.2 Bidding Phase Services For the Scope of Services during the Bidding Phase described herein, CITY OF FAYETTEVILLE shall pay RUN GROUP, INC. the lump sum amount of One Hundred Seventeen Thousand, Two Hundred Fifty - Five United States Dollars (US$117,255.00). Professional Services-Design-Final-May2003 052703 •I 6.1.2.1 Subject to prior City Council approval, adjustment of the lump sum amount may be made should RJN GROUP, INC. establish and CITY OF FAYETTEVILLE agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed; or if CITY OF FAYETTEVILLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. 6.1.2.2 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVII..LE may designate for Bidding Phase services consistent with RJN GROUP, INC.'s normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by RJN GROUP, INC. and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated bidding services schedule as the basis for determining the value earned as the work is accomplished. Final payment for Bidding Phase services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the Bidding Phase for the Project. • 6.1.3 Construction Phase Services This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Design Phase Services. 6.1.4 Post -Construction Phase Services This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Design Phase Services. 6.1.5 Resident Services During Construction This section is reserved for future details concerning this phase, if any. This Agreement shall be amended to include payment conditions following the completion of Design Phase Services. Professional Services-Design-Final-May2003 052703 r� SI Si •I rl �J 1• I• I• CI 6.1.6 Additional Services For authorized Additional engineering services under Section 3, "Additional Services", compensation to RJN GROUP, INC. shall be negotiated at the time Additional services are authorized 6.2 Statements Statements and updated progress schedule for each calendar month will be submitted in electronic format simultaneously to CITY OF FAYETTEVILLE and Program Manager, followed by signed original document to CITY OF FAYETTEVILLE. Statements will be based on RJN GROUP, INC.'s estimated percent of services completed at the end of the preceding month, and justified by the updated progress schedule. Program Manager shall review the statement and forward them to CITY OF FAYETTEVILLE with his recommendations. 6.3 Payments All statements are payable upon receipt and due within thirty (30) days. If a portion of RJN GROUP, INC.'s statement is disputed by CITY OF FAYETIEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CTTY OF FAYETTEVILLE shall advise RJN GROUP, INC. in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed 6.4 Final Payment Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, RJN GROUP, INC. shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by RJN GROUP, INC. to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYEITEVILLE's claims against RJN GROUP, INC. or his sureties under this Agreement or applicable performance and payment bonds, if any. 1 0 Professional Services-Design-Final-May2003 052703 SECTION 7- GENERAL CONSIDERATIONS 7.1 Insurance 7.1.1 During the course of performance of these services, RJN GROUP, INC. will maintain (in United States Dollars) the following minimum insurance coverages: Type of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim •I RJN GROUP, INC. will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified . I insurance within ten days of the date of this Agreement and upon each renewal of coverage. 7.1.2 Construction Contractors shall be required to provide (or CITY OF FAYETTEVILLE may provide) Owner's Protective Liability Insurance naming CITY OF FAYETTEVILLE as a Named Insured and BURNS & McDONNELL and RJN GROUP, INC. as additional insureds, or, to endorse CITY OF FAYETTEVILLE, BURNS & McDONNELL and RJN GROUP, INC. as additional insureds on construction Contractor's liability insurance policies covering claims for personal injuries and property damage. Construction Contractors shall be required to provide certificates evidencing such insurance to CITY OF FAYETTEVILLE, BURNS & McDONNELL and RJN GROUP, INC. All contract insurance carriers shall be required to list CITY OF FAYETTEVILLE, Arkansas Soil and Water Conservation Commission, and BURNS & McDONNELL as certificate holders, furnishing copies of the contractor's insurance certificate to each party 7.1.3 CITY OF FAYETTEVILLE, BURNS & McDONNELL and RJN GROUP, INC. waive all rights against each other and their officers, directors, agents, or employees for damage *I •I tl covered by property insurance during and after the completion of RJN GROUP, INC.'s • I services. If the services result in a Construction Phase, a provision similar to this shall be • Professional Services-Design-Final-May2003 052703 S 1 • incorporated into all Construction Contracts entered into by CITY OF FAYE MVILLE, and • all construction Contractors shall be required to provide waivers of subrogation in favor of CITY OF FAYETFEVILLE, BURNS & McDONNELL and RJN GROUP, INC. for damage or liability covered by any construction Contractor's policy of insurance. • 7.2 Professional Responsibility 7.2.1 RJN GROUP, INC. will exercise reasonable skill, care, and diligence in the performance of RJN GROUP, INC.'s services and will carry out its responsibilities in accordance with • customarily accepted professional engineering practices. CITY OF FAYEn EVILLE will promptly report to RJN GROUP, INC. any defects or suspected defects in RJN GROUP, INC.'s services of which CITY OF FAYETI'EVILLE becomes aware, so that RJN GROUP, INC. can take measures to minimize the consequences of such a defect. CITY • OF FAYEITEVILLE and RJN GROUP, INC. further agree to impose a similar notification requirement on all construction contractors in the Bid Documents and shall require all subcontracts at any level to contain a like requirement. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of RJN GROUP, INC. • •7.2.2 In addition, RJN GROUP, INC. will be responsible to CITY OF FAYEITEVILLE for damages caused by its negligent conduct during its activities at the Project Site to the extent covered by RUN GROUP, INC.'s Commercial General Liability and Automobile Liability • Insurancepolicies as specified in Paragraph 7.1.1. 7.3 Cost Opinions and Projections Cost opinions and projections prepared by RJN GROUP, INC. relating to construction costs and • schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on RJN GROUP, INC.'s experience, qualifications, and judgment as a design professional. Since RJN GROUP, INC. has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, • unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, RJN GROUP, INC. does not guarantee that actual rates, costs, performance, schedules, and related items • will not vary from cost opinions and projections prepared by RJN GROUP, INC. • • Professional Serviccs-Design-Final-May2003 052703 'I 7.4 Changes • CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of RJN GROUP, INC.'s services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the President or any Vice President of RJN GROUP, INC. 7.5 Termination 7.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 7.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.5.1.2 An opportunity for consultation with the terminating party prior to termination. 7.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that RJN GROUP, INC. is given: 7.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 7.5.2.2 An opportunity for consultation with the terminating party prior to termination. 7.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 7.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 7.5.3.2 Any payment due to RJN GROUP, INC. at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of RJN GROUP, INC.'s default. Professional Services-Design-Final-May2003 052703 •I 1• • 7.5.4 If termination for default is effected by RJN GROUP, INC., or if termination for convenience • is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to JUN GROUP, INC. for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs • reasonably incurred by RJN GROUP, INC. relating to commitments which had become firm prior to the termination. 7.5.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 above, • RJN GROUP, INC. shall: 7.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 7.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, • specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by RJN GROUP, INC. in performing this Agreement, whether completed or in process. • • 7.5.6 Upon termination under Paragraphs 7.5.1 or 7.52 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. • 7.5.7 If, after termination for failure of RJN GROUP, INC. to fulfill contractual obligations, it is determined that RUN GROUP, INC. had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as • provided in Paragraph 7.5.4 of this clause. 7.6 Delays In the event the services of RJN GROUP, INC. are suspended or delayed by CITY OF FAY El] 'EVILLE or by other events beyond RJN GROUP, INC.'s reasonable control, RJN GROUP, INC. shall be entitled to additional compensation and time for reasonable costs incurred by RJN GROUP, INC. in temporarily closing down or delaying the Project. I• • Professional Services-Design-Final-May2003 052703 •I 7.7 Rights and Benefits RUN GROUP, INC.'s services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. • 7.8 Dispute Resolution I 7.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and RUN GROUP, INC. which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or RUN GROUP, INC. in the performance of this Agreement, and disputes concerning payment. 7.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 7.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 7.8.3 and 7.8.4 have been complied with. 7.8.3 Notice of Dispute 7.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice; 7.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give RJN GROUP, INC. written Notice at the address listed in Paragraph 7.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 7.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and RJN GROUP, INC. shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of RJN GROUP, INC. and the Mayor of CITY OF Professional Services-Design-Final-May2003 052703 I1 ••I S S S • a FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 7.9 CITY OF FAYEITEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to RJN GROUP, INC. for services rendered by RJN GROUP, INC. 7.10 Publications Recognizing the importance of professional development on the part of RJN GROUP, INC.'s employees and the importance of RJN GROUP, INC.'s public relations, RJN GROUP, INC. may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to RJN GROUP, INC.'s services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYE'1TEVILLE's comments to RJN GROUP, INC. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of RJN GROUP, INC.'s activities pertaining to any such publication shall be for RJN GROUP, INC.'s account. 7.11 Indemnification 7.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTT;VILLE, BURNS & McDONNELL, and RJN GROUP, INC. from and against any and all loss where loss is caused or incurred or alleged to becaused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 7.12 Computer Models RJN GROUP, INC. may use or modify RJN GROUP, INC.'s proprietary computer models in service of CITY OF FAYETTEVILLE under this Agreement, or RJN GROUP, INC. may develop computer models during RJN GROUP, INC.'s service to CITY OF FAYETTEVILLE under this Agreement. Such use, modification, or development by RJN GROUP, INC. does not constitute a license to CITY OF FAYETTEVILLE to use or modify RUN GROUP, INC.'s computer models. Said proprietary computer models shall remain the sole property of the RUN GROUP, INC. CITY OF FAYETTEVILLE and Professional Services-Design-Final-May2003 052703 RJN GROUP, INC. will enter into a separate license agreement if CITY OF FAYETTEVILLE wishes to use RJN GROUP, INC.'s computer models. 7.13 Ownership of Documents All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD drawings and cross sections, estimates, specification field notes, and data are and remain the property of CITY OF FAYETTEVILLE. RJN GROUP, INC. may retain reproduced copies of drawings and copies of other documents. Engineering documents, drawings, and specifications prepared by RJN GROUP, INC. as part of the Services shall become the property of CITY OF FAYETTEVILLE when RJN GROUP, INC. has been compensated for all Services rendered, provided, however, that RJN GROUP, INC. shall have the unrestricted right to their use. RJN GROUP, INC. shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of RJN GROUP, INC. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. RJN GROUP, INC. makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 7.14 Notices Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: '113 West Mountain Street Fayetteville, Arkansas 72701 RJN GROUP, INC.'s address: 12160 Abrams Road, Suite 206 Dallas, Texas 75243 Professional Services-Design-Final-May2003 052703 ••I Ie . ASWCC's address: Project No. CS -050803-03 Arkansas Soil and Water Conservation Commission 101 E. Capitol, Suite 350 Little Rock, Arkansas 72201 7.15 Successor and Assigns CITY OF FAYETFEVILLE and RJN GROUP, INC. each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor RJN GROUP, INC. shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 7.16 Controlling Law This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. This Agreement represents the entire Agreement between RJN GROUP, INC. and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to RJN GROUP, INC. a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by RJN GROUP, INC., shall be considered as a document for CITY OF FAYE'rlEVILLE's internal management of its operations. SECTION 8- SPECIAL CONDITIONS 8.1 Additional Responsibilities of RJN GROUP, INC. 8.1.1 CITY OF FAYETTEVILLE's or Arkansas Soil and Water Conservation Commission's (ASWCC's) review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve RJN GROUP, INC. of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's nor ASWCC's review, approval or acceptance of, nor payment for any of the services shall be Professional Services-Design-Final-May2003 052703 •1 construed as a waiver of any rights under this Agreement or of any cause of action arising out • of the performance of this Agreement. 8.1.2 RJN GROUP, INC. shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by RJN GROUP, INC.'s negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-fiunished data. 8.1.3 RJN GROUP, INC.'s obligations under this clause are in addition to RJN GROUP, INC.'s other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYE 11 EVJLLE may have against RUN GROUP, INC. for faulty materials, equipment, or work. • 8.2 Remedies Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and RJN GROUP, INC. arising out of or • relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 8.3 Audit: Access to Records •I 8.3.1 RJN GROUP, INC. shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. RUN GROUP, INC. shall also maintain the financial & information and data used by RUN GROUP, INC. in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETFEVILLE a copy of the cost summary submitted. The United States Environmental Protection Agency, the Comptroller General of the United States, the United States Department of Labor, CITY OF FAYETIEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. RJN GROUP, INC. will provide proper facilities for such access and inspection. • Professional Services-Design-Final-May2003 052703 SI I** 8.3.2 Records under Paragraph 8.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until throe years after the date of resolution of such appeal, litigation, claim or exception. 8.3.3 This right of access clause (with respect to financial records) applies to: 8.3.3.1 Negotiated prime agreements: 8.3.3.2 Negotiated change orders or agreement amendments in excess of $ 10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 8.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 8.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of RJN GROUP, INC.; • 8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 8.3.3.3.3 If the subagreement is terminated for default or for convenience. L 1• i 8.4 Covenant Against Contingent Fees RJN GROUP, INC. warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by RJN GROUP, INC. for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. • Professional Services-Design-Final-May2003 052703 8.5 Gratuities 8.5.1 If CITY OF FAYETTEVILLE fords after a notice and hearing that RJN GROUP, INC. or any of RJN GROUP, INC.'s agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, the State or EPA in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to RUN GROUP, INC. terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 8.5.2 In the event this Agreement is terminated as provided in Paragraph 8.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against RJN GROUP, INC. as it could pursue in the event of a breach of the Agreement by RJN GROUP, INC. As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs RJN GROUP, INC. incurs in providing any such gratuities to any such officer or employee. 8.6 Arkansas Freedom of Information Act City contracts and documents, including internal documents and documents of subcontractors and sub - consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, RJN GROUP, INC. will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.7 Debarment And Suspension I certify that to the best of my knowledge and belief that the company that I represent and its principals: 0•I (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or • voluntarily excluded from covered transactions by any Federal department or agency; •I •1 •1 Professional Services-Design-Final-May2003 052703 • I• • (b) Have not within a three year period preceding this proposal been convicted of or had a civil • judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, • making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of • this certification; and (d) Have not within a three-year period preceding this applicationtproposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I• I• 1• I• 11 is CJ • Professional Services-Design-Final-Ma}2003 052703 7 I understand that a false statement on this certification regarding debarment and suspension may be • grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a • false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000. DEBARMENT CERTIFICATION AUTHORIZED REPRESENTATIVE COMPANY NAME: RUN GROUP. INC. SIGNATURE: 1'i L DATE: f /a 7/O3 PRINTED NAME: Hugh M. Kelso TITLE: Regional Vice President IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and by its authorized officer have made and executed this Agreement as of the day and year first above written. 01 •I •I CITY OF FAYETTEVILLE, ARKANSAS . By. • Mayor ATTEST: By. • City Clerk RJN GROUP. INC. By: ,M /t&o Title: Regional Vice President Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. END OF AGREEMENT FOR PROFESSIONAL SERVICES Professional Services-Design-Final-May2003 052703 i• • CITY OF FAYETTEVILLE • AGREEMENT FOR ENGINEERING SERVICES APPENDIX A — SCOPE OF SERVICES FOR FINAL DESIGN PHASE I. 1. I. lie 1. I. 1. I. This is Appendix A, consisting of 6 pages, referred thin and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS hereinafter referred to as CITY, and RJN GROUP, INC. hereinafter referred to as RJN GROUP, INC. dated Initial: CITY OF FAYETTEVILLE RJN GROUP, INC. The following contains additional Scope of Services tasks for the Final Design Phase. Generally, the project will include the final design of sewer improvements including interceptor sewers and pump stations necessary to reroute the areas tributary to the Old Wire Road, Gregg Street, North Street, Poplar Street, Porter Road, Hamestring Creek, and City of Farmington Lift Stations to the proposed Westside Wastewater Treatment Plant as detailed in the RJN's Report dated June 2001. A summary of the sewer improvements is presented in Table A -l. Design of the city of Farmington Interceptor and City of Farmington Lift Station is shown in Table I as Optional Services. Design services for these improvements will not be initiated without prior written approval of the CITY OF FAYETTEVILLE. PART A - PROJECT ADMINISTRATION AND MANAGEMENT 1. Project Administration • a) Perform Project Initiation activities b) Perform general administration and project management activities. c) Finalize agreements with subconsultants. d) Perform RJN's internal project control including budgeting, scheduling, and quality control activities. e) Prepare and submit monthly work progress reports to the CITY and Program Manager and confirm compliance with final design schedule. f) Provide Program Manager information for posting on Project Web site as specified in Contract Section 2.2.9. g) Develop and maintain project Completion schedule throughout project h) Incorporate and maintain City's design standards and CADD standards throughout project. 2. Coordination Meetings a) Attend project kickoff meeting with City staff and other consultants involved in project b) Attend monthly meetings with City staff and other design consultants to coordinate design activities. (A total of 12 meetings is anticipated) c) Meet with Arkansas DEQ, AHTD, and DOH as necessary to obtain permits for construction of project. A total of three meetings are anticipated. d) Prepare and participate in a Value Engineering session with CITY OF FAYETTEVILLE and city's consultant. One five (5) day session is anticipated. It is anticipated that RJN GROUP, INC.'s Preliminary Design Report will serve as the basis for the Value Engineering Review. The accepted VE revisions will be incorporated into the final construction documents. e) Prepare for and attend up to four City Council meetings to provide periodic updates on the progress of the final design as requested by the Public Works Director. PART B — DESIGN SURVEY • 1. Surveys for Design a) RJN GROUP, INC. will perform field surveys to collect horizontal and vertical elevations and other information which will be needed for use by RJN GROUP, INC. in design and 1. preparation of plans for the project Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rimlmvert elevations of existing sewers, location of buried utilities where possible, structures, and other features relevant to the final plan sheets. The location of buried utilities will be based on information provided by utility companies and/or utility locates by Arkansas Call -One. RJN GROUP, INC. will not be responsible for actual location of buried utilities and contract documents will require the Contractor to locate utilities prior to construction. The location of trees will be in accordance with the City's current specifications. b) RJN GROUP, INC. Will Provide the Following Information: All plans, field notes, plats, maps, legal descriptions, or other specified documents prepared in conjunction with the requested services shall be provided in a digital format. All text data such as plan and profile, coordinate files, cut sheets, etc., shall be provided in the American Standard Code for information Interchange (ASCII) format, all drawing files shall be provided in AutoCad (DWG or DXF) format (currently Release 2000). The minimum information to be provided in the plans shall include the following: 1) A Project Control Sheet showing ALL Control Points used or set while gathering data Generally on a scale of not less than 1"=40': 2) Coordinates on all P.C.'s P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system as the Control. 2. Public Notification Prior to conducting design survey, RJN GROUP, INC. or its SUBCONSULTANT will notify affected residents of the project in writing. The notification letter shall be on company letterhead and shall include the following: project name, limits, Consultant's project manager and phone no., scope of survey work, and design survey schedule. PART C — PERMITS AND EASEMENTS 1. Permits During the design phase, RJN GROUP, INC. shall coordinate with all utilities, AHTD, railroads, and other agencies affected by the Project. These entities shall also be contacted, if applicable, to determine plans for any proposed facilities or adjustment to existing facilities within the project limits. The information obtained shall be shown on the plan sheets. RJN GROUP, INC. shall show the location of the proposed utility lines, and existing utility lines within the project limits. RJN GROUP, INC. shall complete all forms necessary for CITY to obtain permits from AHTD, railroads, and other agencies and submit such forms to the CITY. CITY shall be responsible for forwarding the forms to the affected agencies for execution. A total of seven (7) Highway Permits and one (1) railroad permit are anticipated. 2. Right-of-Way/Easement Preparation and Submittal a) RJN GROUP, INC. will conduct research for availability of existing easements where construction is probable. Temporary and permanent easements will be prepared based on available information. The CITY will negotiate and obtain the necessary easements. A total of 202 easements are anticipated for the Fayetteville sewers and 45 easements are anticipated for the Farmington sewers. b) Revise easements as required to obtain approval from property owners. A total of 25 revisions are anticipated for Fayetteville sewers and 5 are anticipated for the Farrington sewers. 3. 404/Phase II Stormwater Permitting All required 404 permits (Wetland delineation and mitigation) and Phase II Stormwater permits will be prepared by an independent consultant to the CITY. It is anticipated that this information will be provided to RJN GROUP, INC. in a timely manner to allow preparation of the contract documents to meet project schedules. RJN GROUP, INC. will coordinate permitting activities • *I 1 • with City's Consultant and will incorporate all requirements into project specifications. City's Consultant shall provide Technical Specifications to address environmental, archeological, and other environmental permitting requirements as necessary. 3. City Construction Permits RJN GROUP, INC. will collect information and prepare and submit applications for City Construction permits. PART D — CONSTRUCTION PLANS AND SPECIFICATIONS It is anticipated that the project will be divided into a maximum of seven (7) construction packages. I. Final Engineering Design Interceptor Sewers — RJN GROUP, INC. will conduct final engineering as follows: a) Conduct geotechnical investigations as necessary to design the project. The extent of the geotechnical investigation is summarized in Table A-2. b) Prepare overall sanitary sewer layout sheets and an overall easement layout sheet(s). c) Prepare preliminary project plans and profile sheets which show the following: Proposed sanitary sewer plantprofile and recommended pipe size, water service lines and meter boxes, gate valves, and all pertinent information needed to construct the project. Construction plans shall also include details to re-route flows from the existing lift stations to the proposed interceptor lines. The plan and profile sheets will be prepared on a 1"=40' scale horizontally and 1"=4' vertically. All drawings shall utilize CITY OF FAYETTEVILLE standards. d) Existing utilities and utility easements will be shown on the plan and profile sheets based on information obtained during the design survey or from information provided by Utility companies. RJN GROUP, INC. will coordinate with utility companies and the CITY to determine if any future improvements are planned that may impact the project. e) RJN GROUP, INC. will prepare standard and special detail sheets for sewer line construction These may include connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, and details unique to the construction of the project f) RJN GROUP, INC. shall prepare demolition details for each of the existing lift stations to be abandoned and include in the construction plans. g) RIM GROUP, INC. will consult with the CITYBums & McDonnell and McGoodwin, Williams, and Yates, Inc. to develop a cut -over and startup plan to bring the new sewer system on line. 2. Lift Station Design- Hamestring Lift Station, Gregg Avenue Lift Station, and Lift Station No. 12 RJN GROUP, INC. will conduct engineering design as follows: a) Hamestring Lift Station 1) Prepare detailed Basis of Design for Hamestring Lift Station and associated forcemain hydraulics, basic pump/wet well layout, alarms and instrumentation plan, standby power requirements, and control interface coordination with the design consultant for the Wastewater Treatment Plant Headworks operation and controls. 2) Conduct Mechanical design including pump and piping configuration. Prepare Mechanical drawings including lift station upper and lower level plan and section drawings, roof plan, odor control equipment, plumbing and miscellaneous Mechanical details. (Total estimated drawings is ten, with an additional nine drawings for site work/grading, cover sheet, index, hydraulic profile) 3) Conduct Structural design including foundation, generator foundation, beams and roof framing. Prepare Structural drawings including foundation plan, upper and lower level plan and sections, beam, lintel and joist schedules and roofing plan, and typical structural details. (Total estimated drawings is sixteen) 4) Conduct HVAC design, and prepare HVAC drawings including roof plan, and lower level/upper level plans, odor control equipment, and typical HVAC sections and details. (Total estimated drawings is four) •I b) c) 5) Conduct Architectural design including selection of facade material. Prepare Architectural drawings including floor and roof plans, roof details, building sections and details, railing, stair, room finish, signing, door and hardware schedules, and miscellaneous Architectural details. (Total estimated drawings is eight) RJN GROUP, INC. will coordinate with Garver Engineers to provide similar architectural treatment and finishes on structures. All proposed architectural treatments and finishes will be submitted to the CITY for approval. 6) Conduct Electrical design including selection/sizing of motor control equipment, lift station generator and switchgear. Prepare Electrical drawings including site plan, MCC and switchgear one -line diagrams, upper and lower plan, generator details, Electrical Equipment Room details, lighting plan, odor control equipment and switchgear. (Total estimated drawings is thirteen) 7) Conduct Instrumentation design. Prepare Instrumentation drawings including control system functionality, control narrative schematics for power, HVAC, fault monitors, pump controllers, liquid levels, gas (Hydrogen Sulfide) and pH monitors, odor control system, and general instrumentation details. (Total estimated drawings is ten) 8) Prepare Lift Station specifications including site work, concrete, masonry, metals, wood, thermal and moisture protection, doors and windows, finishes, specialties, equipment, conveying systems, mechanical, electrical, and control end devices. 9) Evaluate and design a maximum of two (2) 10 hp duplex lift stations to facilitate draining of larger parallel force main between Hamestring Lift Station and WWTP. Gregg Avenue Lift Station 1) Prepare detailed Basis of Design for Gregg Avenue Lift Station and forcemain hydraulics, basic pump/wet well layout, alarms and instrumentation plan. 2) Conduct Mechanical design including pump and piping configuration. Prepare Mechanical drawings including lower level plan and section drawings, odor control equipment, plumbing and miscellaneous Mechanical details. 3) Conduct Structural design. Prepare Structural drawings including foundation plan, lower level plan and sections. 4) Conduct HVAC design, and prepare HVAC drawings including odor control equipment and typical HVAC sections and details. 5) Conduct Electrical design including selection/sizing of Motor Control equipment. Prepare Electrical drawings including site plan. MCC one -line diagrams, and odor control equipment. 6) Conduct Instrumentation design. Prepare Instrumentation drawings including control system functionality, control narrative schematics for power, HVAC, fault monitors, pump controllers, liquid levels, gas (Hydrogen Sulfide) and pH monitors, odor control system, and general instrumentation details. 7) Prepare Lift Station specifications including site work, concrete, masonry, metals, wood, thermal and moisture protection, doors and windows, finishes, specialties, equipment, conveying systems, mechanical, electrical, and control end devices. Lift Station No. 12 (Relocated) 1) Prepare detailed Basis of Design for Lift Station No. 12 (Relocated) forcemain hydraulics, basic pump/wet layout, alarms and instrumentation plan, hoist, flow meter/vault, and standby power requirements. 2) Conduct Mechanical design including pump and piping configuration. Prepare Mechanical Drawings including lower level plan and section drawings, odor control equipment, plumbing, and miscellaneous Mechanical details. 3) Conduct Structural design. Prepare Structural drawings including foundation plan, lower level plan and sections, and typical structural details. 4) Conduct HVAC design, and prepare HVAC lower level plan, odor control equipment, and typical HVAC sections and details. 5) Conduct Electrical design including selection/sizing of Motor Control equipment, lift station standby generator and switchgear. Prepare Electrical drawings including site plan, MCC and switchgear one -line diagrams, lower level plan, generator details, and odor control equipment. •I •I •I •1 • •I 1/ I1 1. 10 i1 I1 1/ C II i1 • 6) Conduct Instrumentation design. Prepare Instrumentation drawings including Control system functionality, control narrative schematics for power, HVAC, fault monitors, pump controllers, liquid levels, gas (Hydrogen Sulfide) monitors, odor control system, and general instrumentation details. 7) Prepare Lift Station specifications including site work, concrete, masonry, metals, wood, thermal and moisture protection, doors and windows, finishes, specialties, equipment, conveying systems, mechanical, electrical, and control end devices. d) It is anticipated that instrumentation design including SCADA, Human Machine Interface (HMI), telemetry and Programmable Logic Control (PLC) controls will be provided by others for all lift stations. e) At the appropriate design stage RJN GROUP, INC. will provide to Bums & McDonnell pump characteristics and specifications for large pumping units. This will allow Burns & McDonnell to solicit price quotes from manufacturers to standardize the equipment 3. Odor Control RJN GROUP, INC. will conduct engineering as follows: a) Conduct final Process Design for selection of Hamestring, Gregg Street, and Farmington Lift Station odor control equipment, including supplemental sampling of collection system for hydrogen sulfide, mercaptans, and VOC's. b) Select and size odor control equipment/media type compatible with Lift Station mechanical and HVAC equipment c) Select and size passive odor scrubbers for force main air release valves. d) Prepare specifications for selected odor control equipment. e) Select appropriate odor and ventilation equipment for large interceptor sewers. f) RJN GROUP, INC. will coordinate with Garver Engineers on the selection of odor control equipment to be provided on both the east side and west side collection systems and pumping • stations. RJN GROUP, INC. and Garver Engineers will reach consensus and provide justification for the selected equipment 4. Specifications Using RJN GROUP, INC.'s basic technical and CITY's General Conditions Project Manual specifications, prepare project specifications which shall include, but not be limited to: 1) bidding documents, 2) contractual documents, 3) conditions of the contract, 4) standard project forms, and 5) technical specifications. Project Manual shall be based on Concoction Specifications Institute (CST) Master Format and Section Format and shall incorporate CITY OF FAYETFEVILLE's standard general conditions and forms. Bid documents shall include required forms for State Revolving Fund finding. 5. Preliminary Construction Document Submittal a) RJN GROUP, INC. shall deliver five (5) sets of conceptual design plans (30% complete) for design review by Burns & McDonnell Plan sets shall include alignment plans, survey data, existing utility information, and available environmental data. Opinions of probable cost and major component material selections will also be provided as part of the submittal. b) RJN GROUP, INC. shall deliver five (5) sets of preliminary construction plans (90 percent complete) and two (2) sets of specifications and contract documents to CITY for review. Generally, plan sheets shall be organized as follows: Cover Sheet Plan & Profile Sheets Standard Construction Details Special Details (As applicable) c) RJN GROUP, INC. shall submit a preliminary estimate of probable construction cost with the • preliminary plans submitted for each project. It is anticipated that the overall project will include seven (7) construction projects. i. •I d) RJN GROUP, INC. shall meet with CITY to discuss review comments for preliminary • submittal. Two review meetings each plan set submittal is anticipated. 6. Final Construction Document Submittal a) Following CITY approval of the preliminary documents, RJN GROUP, INC. shall prepare final plans and specifications and contract documents (each sheet shall be stamped, dated, and signed by RJN GROUP, INC.) and submit five (5) sets of plans and construction contract documents for CITY's final approval. •I •I •1 •I • •I I• • Table A-1 I• LIMITS OF DESIGN Diameter Length Sewer Interceptors (in) (li) • Old Wire Road to Gregg Avenue 21-42 15,770 Gregg Avenue to Hamestring Creek 48 27,500 Hamestring to Proposed WWTP 18-36 11,7201' North Street LS to Poplar Street 24 4,696 • Poplar Street to Gregg Avenue 27-33 11,450 Porter Road LS to Hamestring Creek 24 14,112 Basin 5 Interceptor 15-18 3.317 Total 88,565 • C7 r I• I• I• Lift Stations Gregg Avenue Hamestring Lift Station X Lift Station 11 to Lift Station 12 Interceptor Lift Station 12 to Proposed W WTP Interceptor Total Lift Station 12 (Farmington) Extent of Upgrade New Station 12,795 9.175 21,970 New Station The Engineering Fee Cost breakdown is provided in Exhibit A attached hereto and made part of this Agreement. 1/ It is anticipated that the constructed force mains will be parallel force mains with a smaller • diameter main for dry weather flows and larger diameter for wet weather flows. The total length will be 23,440 LF. 2/ These services will not be initiated without the written authorization of the City of Fayetteville. TABLE A-2 0 l I GEOTECHNICAL INVESTIGA71ON SCOPE AND FEE SCHEDULE ILLINOIS RIVER BASIN SEWER LINES & PUMP STATIONS WEST SIDE TREATMENT FACILITIES FAYETTEVILLE, ARKANSAS � for RJN DALLAS, TEXAS August 30, 2002 -11 � . l =LL ' ~1 •..✓.1 A. 1.. 1.-e lll. U.•.� • • _____ts I •'1 :3Y3tJ ,.a�.• � •• i1j1 i• 1 1 :W. lcl • I Y: 1. Jf 1 1 1 Y II 1 1 1 . . h . W :n :. r: II 11 11 11 t. 11 :9;r' • 1 • h l:' :'I K 11 V :11 11 1 11 1. •• 1 • 1 1 1 Y 1 1 II :• i • •. • 11 V "1 11 • t• ra : . 11 11 I Sol 1 . 1.•• . . 1 1I 1 11 •• w • I' . 1 1 1 1 e 1 •PI . . I: I fl 1 1 K 11 1 11 t / '414, Contentt .I • 11 !V 11 tLiquid . - -I . ..,.S ;I 1 11 11 11 1 / t.:.•: . n • .b 1 11 1, 1, 1 .. :• • • til •: •� .' • 111 111 11 1 •• 1 Y • • •[.w 11 11 11 Y !r 11 e.:. :. Y:• .I 1 •. . •.. .: . 1 . :v :.• 1 I• • w 1 1I 15 11 II.:. 1 • 1 I. :.: • • 1 hAIL .. TI - ___111 11�t :. •. 1. 1 111 11 :.. :.:11 11 ti • uI 1 1 1 • • 1 11 i$jLAdditional.: ... 1' 1 • . :. . :. • IsdI L ai 1• . • . . . . • TABLE A-2 GEOTECHNICAL INVESTIGATION SCOPE AND FEE SCHEDULE FARMINGTON SEWER LINES & PUMP STATIONS WEST SIDE TREATMENT FACILITIES FAYETTEVILLE[ ARKANSAS for RJN DALLAS, TEXAS August 30, 2002 117-711T. IV .c •_.[_.1 :_IrIt:i .l .l'1.._, �.L :'t:�LL11•1,�1[Tr •.- • :r ••.. • 'l• •►. • • .111 '•111 P. • ► • i:.. • S. •11 VII 1• u . • •: • 'I • • :5 • h •: 2• % 11 •• • 1, :• • • I• • •1 • 11 •.••:. :'• 11 .' 1. • •• •• III V Ill • • . [ ' f. • 1 ii 1 1 I. • • I 1 K •• 1.111 1 • • • • • • \ ,.• , , • I 1 1 / 0 •..• : • .•. •' 111 1111 1 •• • • • J.: r' • •L • 1 11 J•11 •• 1 :: 1 •, . • .•' •'.• 11 -:11, •1: 1• C. :. ✓. - • • •• • r• •:.• •. • :.• •:•.• •:. • I• •11 111 :• • •• • : • • • 1 1' . •, :1,1 • • • •:. . • 1 . •. 1 1' $6D.00 •11 11 :•• •:.•: . • h 11 V 11 1 • h f • 13 f • III • . . . S. r . • S. • • . 1 . • : • •. : • 4`'1WTAIGEOTEONey.e•wn wnw.W8Zvd 0 CITY OF FAYETTEVILLE • AGREEMENT FOR ENGINEERING SERVICES • APPENDIX B — SCOPE OF SERVICES FOR BIDDING PHASE This is Appendix B, consisting of I page, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS hereinafter referred to as CITY, and RJN GROUP, INC. hereinafter referred to as RJN GROUP, INC. dated Initial: CITY OF FAYETTEVILLE RJN GROUP, INC. The following is the Scope of Services for the Bidding Phase. Arrange for bidding notices to be sent to contractors publishing services and direct mailing to • contractors of record. Notices shall comply with requirements of CITY and Revolving Loan Fund (RLF) administered by the Arkansas Soil and Water Conservation Commission, Construction Assistance Division, and the Arkansas Development Finance Authority (ADFA). The legal notice to be placed in legal notices section of a local newspaper shall be coordinated with CITY purchasing agent and an affidavit of publication secured. 3. Secure updated state and federal wage rate decisions and incorporate by addenda into the Bid • Documents. 4. Assist CITY in issuing and tracking Bid Documents, addenda and communications during bidding and maintain list of plan holders. Provide additional copies of plans and specifications for prospective bidders. RJN GROUP, INC. shall be responsible for costs of additional copies. 5. The Program Manager shall organize, convene, and conduct a Pre -Bid Conference. RJN GROUP, S INC. shall attend Pre -Bid Conference to explain the project requirements and receive questions from prospective bidders. RJN GROUP, INC. shall consider the questions received and issue necessary clarifications and changes to the Bid Documents through the use of addenda. 6. Assist CITY in obtaining and evahrating bids and preparing construction contracts. Provide four (4) copies of the bid tabulation for each project � 7. Consult with and advise CITY as to the acceptability of subcontractors and other persons and organizations proposed by the prime construction contractor(s), hereinafter called "Contractor(s)," for those portions of the work as to which such acceptability is required by the Bid Documents. 9. Attend Water and Sewer Committee meeting and the ensuing City Council meeting to recommend action by the respective bodies. Prepare and present a recommendation complete with such supporting information as necessary for the bodies to make an informed decision on the action recommended. S • CITY OF FAYETTEVILLE • AGREEMENT FOR ENGINEERING SERVICES APPENDIX C - SCOPE OF SERVICES FOR CONSTRUCTION PHASE The final scope of services and fees for construction phase services will be negotiated after completion of • the final design services. • • •. •1 CITY OF FAYETTEVH,LE AGREEMENT FOR ENGINEERING SERVICES APPENDIX D - SCOPE OF SERVICES FOR POST -CONSTRUCTION PHASE The final scope of services and fee for Post -Construction Phase Services will be negotiated after completion of the final design services. 7 SI SI • • I• I• • CITY OF FAYETTEVH.LE AGREEMENT FOR ENGINEERING SERVICES • APPENDIX E - SCOPE OF SERVICES FOR RESIDENT SERVICES DURING CONSTRUCTION PHASE The final scope of services and fee for Resident Engineering Services will be negotiated after completion of the final design services. I• 000000000 N �lOO W G G r W N 00000 r N O O N O W O aa W Vl W W O W A IO A O O A O pp N a N • Al7OOt d W Om • ' V W Y�W N • • 7O)ON • r • W•nm V O (O CQNrmtO4rm N m •ON oO. 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' } I I � 'N D f I I I �, I N I I I tD •—T�' W I I 0 ++ X11 I W O , W III }F I . I I I I I I--1 I II --. _________ _____ d m m 1 N x N L< o 0 3 1 o 0^3 2Q 0 ID 3 CD C., -I 3 • • • • • • • • • • • N fh v O C N � r C N N c�i M N N N N N N N N N N V 7 N N <h N N N N r r N N O O N N O 0 W W r r r N- (0 co ` r r c r r d _ r r CL C N N G T J r r O w r r N T ..- w o O r r Cl) 6. N W F 3 I-. (0 CD U) 1f) a v 0) lh N N r L O O O O LL Oal. a O)� W W W W W r r r r 0000 r r r r C O a E � � Z N C J C = O C AZ r O O Q C - s E € J N LLJ C7 LL U W O) O C r r N N r r r r n c9 Z LL. Z, S C 2002 Client Final FayettevilleDesignBudget 3-05-2003.xls Budget Worksl 90104.9 Print Date: 3/5/2 Veatch Corporation Owner: City of Fayetteville Chemical Chemical Electrical Electrical QC Electrical Electrical Electrical I&C I&C QC I&C Engineer I&C I&C Drafting Front -End Specs Proofer Specs Clerical QC Admin. I QC Engineer Process Process Process Estimator Engineer Technician Drafting Administratlo Technician Documents / Editor Sr. Engineer [Engineer. Engineer- Specialist - Principal Paul R. Noland WWTP Improvements Bldg Sys Bldg Sys Sr Bldg Sys Bldg Sys Bldg sys Specialist Sr. Engineer Technician Clerical Feed Feed Engineer Administratio 9 n Reviewer Odor Control Liquid Blosolids s Structural Structural Structural Geotech Architect QC Architect Architect Tech Mechanical Mechanical Mechanical Mechanical Mechanical Pump Mechanical Mechanical Mechanical Specialist n Principal Project Project Project Lead Civil Civil Design Civil Drafter HandlSoliding Admin I QC Engineer Drafter Specialist Director Engr Engineer Technician Drafting Treatment Manager Secretary Engineer Engineer Engineer Equipment Specialist PHASE ElTask IE I - PROJECT MANAGEMENT (24 months) 24 106 106 24 24 Project Initiation and Administration 100 2 4 16 24 Project Procedures Manual 100 Project Monitoring 100 24 24 16 286 48 120 Attend 24 Monthly Progress Meetings 100 64 16 64 Subcontractor Coordination (Included meetings 100 4 city g Attend council me in Ph. II number 100 16 _ 24 24 100 - _ - _ Construction Permits 16 100 - - - - 24 Project Performance Work Plan 174 232 16 64 482 otal, Hours SE Il . PROJECT DEVELOPMENT 4 24 8 20 Project Initiation Meeting and Background Information 200 16 210 8 Site Survey, Subconsultant 8 16 12 11 16 24 hnical Services, Subconsultant 220 16 16 64 16 Hydraulic Analysis 200 24 2 10 2 180 180 4 16 2 68 8 8 Process Criteria and equipment selection/ sizing 200 216 240 24 120 20 32 20 2 4 18 Preliminary Site Plan and Layouts 2� 2 Mechanical, Electrical Criteri 200 24 3 Architectural, Structural, 4 40 40 64 8 2 2 12 Odor Control Assessment 200 2 4 4 8 Design Memo/Preliminary Cost Opinion 200 16 2 24 64 2 Client Review Workshop 200 4 4 3 4 4 4 12 8 8 200 2 2 4 20 Quality Control Review 4 4 16 4 4 8 8 2 80 Finalize Design Memo 200 4 24 8 4 4 4 16 52 24 3 27 71 2 92 - 8 2 4 30 - - - 12 - 88 16 YE Evaluation support 200 28 4 20 g 16 20 - 4 4 8 8 8 20 48 40 _ Finalize Design Memo per YE comments 200 560 520 152 144 104 3 120 - 8 68 36 9 6 40 8 2 112 64 230 426 100 70 70 80 24 60 120 24 8 total, Hours (AILED DESIGN 340 400 330 190 68 300 300 300 Level I - Drawings 16 40 i Level 1 - Front End documents 300 Site Survey (see pricing above) 300 2 Geotechnical Services (see pricing above) 300 20 120 24 300 4 4 16 16 18 18 16 Update Cost Opinions 16 16 16 Workshop 300 40 16 426 40 12 6 54 180 276 132 2 112 140 Client Review W p 8 16 60 39 10 10 4 28 104 324 196 216 148 24 36 60 40 40 100 24 VE Evaluation support 3006 380 400 300 120 2� 48 > Level 2 - Drawings 2� 24 24 3 Level 2 - Major Equipment Specifications 300 Site Survey (see pricing above) 300 2 5 16 16 J Geotechnical Services (see pricing above) 300 4 16 40 40 16 inions 300 16 560 40 130 60 70 10 6 10 4 16 520 94 316 120 12 2 180 80 88 Update Cost Op40 100 8 8 16 16 26040 Client Review Workshop 80 300 480 280 240 12Q60 48 48 40 3 2 B Level 3 - Drawings 300 20 2 5 300 80 240 � 16 16 16 B Level 3 . Specifications 4 16 40 16 90 C Update Cost Opinions 300 16 16 16 16 6 12 80 16 24 1 D Client Review Workshop 300 8 300 16 120 28 70 16 40 40 40 8 8 80 80 80 4 80 40 40 40 4 32 E ADEQ Review 40 4 24 40 40 40 40 88 1,122 672 340 12 26 636 324 288 24 180 360 - 214 32 8 F Quality Control Review 300 120 148 24 16 43 40 175 - ents 4 8 40 60 6 1,228 24 144 994 546 68 28 870 1,452 - 398 498 230 250 64 94 Final Contract Docum 908 1,648 1,63 4 112 - rbtotai, Hours °FORT FOR TWO ADDITIONAL CONSTRUCTION CONTRACTS A Construction Contract 1 (Costs included above) 300 24 48 2 24 64 16 B Headworks Facilities 300 90 24 50 4 24 16 New Front End Documents 300 7 119 14 Technical Specifications 300 Additional Trips for Workshops 300 Additional Drawing / Design effort 300 2 12 24 SUBTOTAL C Wet weather Facilities 300 32 80 New Front End Documents 300 Technical Specifications 300 4 Additional Drawing / Design effort 300 300 8 _ _- _ 24 - - - - - - 16 - - 36 72 - - Additional Trips for Workshops _ 16 - 64 300 24 SUBTOTAL _ 97 289 38 - 4 - - . ubtotal, Hours 80 IIDDING PHASE SERVICES :ONSTRUCTION CONTRACT I (solids Handling) 1 2 2 g I 4 A Advertise Project 400 24 4 8 30 16 B Reproduce and Distribute Contract Documents 400 12 12 12 32 4 C Pre -Bid conference 400 8 32 4 8 16 40 24 D Respond to Questions / Prepare Addenda 400 E Not used 400 F Take Bids, Evaluate Qualifications, and Award 400 2 2 8 16 ;onstruction Contract 2 (Headworks) 1 2 2 8 4 A Advertise Project 400 24 4 8 28 4 60 B Reproduce and Distribute Contract Documents 400 12 12 12 32 4 32 4 C Pre -Bid conference 400 32 40 8 8 16 D Respond to Questions / Prepare Addenda 400 •E Not used 400 F Take Bids, Evaluate Qualifications, and Award 400 2 8 16 40 onstruction Contract 3 (wet weather) 1 2 2 8 416 A Advertise Project 400 24 4 16 B Reproduce and Distribute Contract Documents 400 12 12 C Pre -Bid conference 400 4 4 16 32 16 D Respond to Questions / Prepare Addenda 400 E Not used 400 16 8 F Take Bids, Evaluate Qualifications, and Award 400 2 8 Services 8 Procurement Package Development and Bidding S 2 4 A Advertise Project 400 1 2 4 8 B Reproduce and Distribute Contract Documents 400 8 12 C Pre -Bid conference 400 2 12 22 D Respond to Questions / Prepare Addenda 400 E Not used 400 F Take Bids, Evaluate Qualifications, and Award 400 2 8 12 SUBTOTAL, SUBTOTAL, Expenses,o� Auto I SUBTOTAL, SUBTOTAL, Garver - McClelland Subcontract - SUBTOTAL, SUBTOTAL, TOTAL hours Billings $ (Computer, Travel EXPENSES EXPENSES Surveying Consulting Reproduction SUBCONTRACTS SUBCONTRACTS copies, etc) w/o Engineers - w/o MULTIPLIER w/ MULTIPLIER MULTIPLIER Geotech $ 143,745 236 $ 23,574 $ 2,065 L$21065 $ 2,065 $ - $ - $ 25,639 22 $ 2,342 $ 193 $ - 93 $ 193 $ - $ - $ 2,120 $ 16,440 $ 1,050 $ - 50 $ 1,050$ - $ - $ 17,4470 $ 58,810 $ 4,113 $ 9,90013 $ 14,013 $ $ $ 72,823 144 $ 17,152 $ 1,260 $ 2,790 $ 4,050 $ 4,050 $ - $ - $ 21,202 $ $ - $ - $ - $ $ - $ - $ 16 $ 1,888 $ 140 $ $ 140 $ 140 $ - $ - $ 2,028 16 $ 1,888 $ 140 $ - $ 140 $ 140 $ - $ - $ 2,028 1,024 $ 8,961 $ 12,690 $ 21,651 $ - $ - $ - $ $ 348,419 112 $ 12,968 $ 980 $ 1,050 $ 2,030 $ 2,030 $ $ $ 14,998 8 $ 800 $ 70 $ - $ 70 $ 70 $ 41,000 $ 41,000 $ 43,050 $ 43,920 8 $ 800 $ 70 $ - $ 70 $ 70 $ 24,000 $ 24,000 $ 25,200 $ 26,070 112 $ 9,504 $ 980 $ - $ 980 $ 980 $ - $ - $ 10,484 460 $ 49,438 $ 4,025 $ - $ 4,025 $ 4,025 $ - $ - $ 53,463 674 $ 68,030 $ 5,898 $ - $ 5,898 $ 5,898 $ - $ $ 73,928 194 $ 21, 352 $ 1, 698 $ - $ 1, 698 $ 1, 698 $ - $ - $ 23, 050 84 $ 10,632 $ 735 $ - $ 735 $ 735 $ - $ - $ 11,367 80 309 $ 30,812 $ 2,853 $ - $ 2,853 $ 2,853 $ - $ - $ 33,665 118 $ 14,064 $ 1,033 $ 490 $ 1,523 $ 1,523 $ - $ - $ 15,587 31 $ 3, 613 $ 271 $ - $ 271 $ 271 $ - $ - $ 3, 884 70 $ 7,050 $ 613 $ - $ 613 $ 613 $ - $ - $ 7,663 196 $ 20,332 $ 1,715 $ 650 $ 2,365 $ 2,365 $ - $ - $ 22,697 70 $ 7,030 $ 613 $ - $ 613 $ 613 $ - $ - $ 7,643 80 2,446 $ 21,554 $ 2,190 $ 23,744 $ 41,000 $ 24,000 $ - $ 65,000 $ 1,645,378 $ 1,645,378 3,215 $ 288,130 $ 28,131 $ 2, 820 $ 30, 951 $ 30, 951 $ - $ $ 319, 081 292 $ 21,352 $ 2,555 $ - $ 2,555 $ 2,555 $ $ $ 23,907 - $ - $ - $ - $ - $ $ - $ - $ $ - $ $ - $ - $ $ - $ - $ 80 231 $ 24,118 $ 2,021 $ - $ 2,021 $ 2,021 $ - $ - $ 26,139 76 $ 8,272 $ 665 $ 490 $ 1,155 $ 1,155 $ - $ - $ 9,427 360 $ 39,440 $ 3,150 $ 980 $ 4,130 $ 4,130 $ - $ - $ 43,570 $ 422,124 3,645 $ 319, 269 $ 31, 894 $ - $ 31, 894 $ 31, 894 $ - $ - $ 351,163 848 $ 78,844 $ 7,420 $ - $ 7,420 $ 7,420 $ - $ - $ 86,264 $ - $ - $ - $ - $ $ - $ - $ - $ $ - $ $ - $ $ - $ - $ 180 287 $ 29,310 $ 2,511 $ - $ 2,511 $ 2,511 $ $ $ 31,821 104 $ 11,144 $ 910 $ 490 $ 1, 400 $ 1, 400 $ - $ - $ 12, 544 3,974 $ 355,986 $ 34,773 $ - $ 34,773 $ 34,773 $ $ $ 390,759 1,023 $ 96,993 $ 8,951 $ - $ 8,951 $ 8,951 $ - $ - $ 105,944 180 287 $ 29,310 $ 2,511 $ - $ 2,511 $ 2,511 $ - $ - $ 31,821 128 $ 13,488 $ 1,120 $ 490 $ 1,610 $ 1,610 $ - $ - $ 15,098 24 $ 2,688 $ 210 $ 490 $ 700 $ 700 $ - $ - $ 3,388 654 $ 73,462 $ 5,723 $ $ 5,723 $ 5,723 $ - $ - $ 79,185 1,220 $ 104,592 $ 10,675 $ - $ 10,675 $ 10,675 $ $ $ 115,267 $ 741,462 540 - 16,368 $ 143,220 $ 5,760 $ 148,980 $ - $ - $ - $ $ - $ - $ - $ - $ $ - $ $ $ - $ - $ $ - $ $ $ - $ 164 $ 16,748 $ 1,435 $ - $ 1,435 $ 1,435 $ - $ - $ 18,183 362 $ 34, 894 $ 3,168 $ - $ 3,168 $ 3,168 $ $ $ 38, 062 $ - $ - $ $ $ $ - $ - $ $ - $ - $ $ - $ - $ - $ - $ $ 56,245 $ - $ $ $ _ $ $ $ - $ 150 $ 14,862 $ 1,313 $ - $ 1,313 $ 1,313 $ - $ - $ 16,175 $ - $ - $ $ - $ $ - $ - $ $ - $ - $ - $ - $ $ - $ - $ 8 $ 944 $ 70 $ - $ 70 $ 70 $ - $ - $ 1,014 $ 17,189 684 $ 5,986 $ $ 5,986 $ - $ - $ - $ 17 $ 1,571 $ 149 $• $ 149 $ 149 $ $ $ 1,720 108 $ 5, 840 $ 945 $ - $ 945 $ 945 $ 11,600 $ 11, 600 $ 12 ,180 $ 18, 965 36 $ 4,284 $ 315 $ 490 $ 805 $ 805 $ - $ $ 5,089 262 $ 25,062 $ 2,293 $ - $ 2,293 $ 2,293 $ - $ - $ 27,355 $ - $ - $ - $ - $ $ - $ - $ 28 $ 2,910 $ 245 $ 490 $ 735 $ 735 $ - $ - $ 3,645 $ - $ - $ - $ - $ $ - $ - $ Subtotal $ 56774 17 $ 1,571 $ 149 $ - $ 149 $ 149 $ - $ - $ 1,720 108 $ 5, 840 $ 945 $ - $ 945 $ 945 $ 9,500 $ 9, 500 $ 9, 97 5 $ 16, 760 36 $ 4,284 $ 315 $ 490 $ 805 $ 805 $ - $ - $ 5,089 240 $ 22, 880 $ 2,100 $ $ 2,100 $ 2,100 $ - $ - $ 24, 980 $ - $ - $ $ - $ - $ - $ - $ 26 $ 2,822 $ 228 $ 490 $ 718 $ 718 $ - $ - $ 3,540 $ - $ - $ - $ - $ $ - $ - $ Subtotal $ 52,089 $ 17 $ 1,571 $ 149 $ - $ 149 $ 149 $ - $ - $ 1,720 68 $ 4,080 $ 595 $ - $ 595 $ 595 $ 5, 400 $ 5, 400 $ 5, 670 $ 10, 345 24 $ 2,616 $ 210 $ 490 $ 700 $ 700 $ - $ - $ 3,316 104 $ 9,844 $ 910 $ - $ 910 $ 910 $ $ $ 10,754 - $ - $ - $ - $ - $ $ - $ - $ 34 $ 3,438 $ 298 $ 490 $ 788 $ 788 $ - $ - $ 4,226 $ $ $ $ $ $ $ - $ Subtotal $ 30,361 9 $ 863 $ 79 $ - $ 79 $ 79 $ - $ - $ 942 20 $ 1,440 $ 175 $ - $ 175 $ 175 $ 790 $ 790 $ 829 $ 2,444 20 $ 2,144 $ 175 $ - $ 175 $ 175 $ - $ - $ 2,319 40 $ 4,330 $ 350 $ - $ 350 $ 350 $ - $ - $ 4,680 $ - $ - $ - $ - $ $ - $ - $ - 22 $ 2,422 $ 193 $ - $ 193 $ 193 $ - $ - $ 2,615 $ - $ - $ - $ - $ $ _ $ - $ - Total Fee Subtotal $ 13,000 $ 2,363,200 • City of Fayetteville Staff Review Form • City Council Agenda Items and Contracts, Leases or Agreements Mayors Appr6Vbl > City Council Meeting Date Agenda Items Only David Jurgens Wastewater System Impry Project Utilities Submitted By Division Department xoval of no -cost Contract Amendment Number 3 to the engineering c Noland Wastewater Treatment Plant phosphorus removal evaluation, $ Cost of this request 4480.9480.5314.00 Account Number 02133.0001 Project Number Budgeted Item $ Category / Project Budget $ Funds Used to Date $ Remaining Balance Budget Adjustment Attached l;l2 and Wastewater System Imp Project Program Category / Project Name Water and Wastewater Program / Project Category Name Water/Sewer Fund Name 108 RS Previous Ordinance or Resolution # =-03/CZ;-05 Original Contract Date: 7/15/03; 6/21105 3 -rte �0 Original Contract Number: 915 AU 0.. &JQ 3• %r. u r e Finance and Internal Services Director Date Mayor 3-lfs-�a Dale Received in CityUM110 Clerk's Office Received in fJREAEU Mayors Office 17 i• I Revised January 15, 2009 P To: Mayor Lioneld Jordan Thru: Don Man, Chief of Staff From: David Jurgens, Utilities Director •ONTRACT REVIEW MEMO MAYOR'S APPROVAL THE CITY OF FAYETTEVILLE, ARKANSAS Date: March 10, 2010 u Subject: Approval of no -cost Contract Amendment Number 3 to the engineering contract with Black and Veatch Corporation for Noland Wastewater Treatment Plant phosphorus removal evaluation RECOMMENDATION City Administration recommends approval of no -cost Contract Amendment Number 3 to the engineering contract with Black and Veatch Corporation for professional engineering services to determine methods to achieve additional phosphorus removal from the Noland Wastewater Treatment Plant's effluent. BACKGROUND USEPA Region 6 is proposing to reduce the National Pollutant Discharge Elimination System (NPDES) permit limit for phosphorous from a 1.0 parts per million (ppm) to a 0.1 ppm for all Northwest Arkansas cities that discharge treated effluent from wastewater treatment facilities into the Illinois River Watershed. As there was no mention of a phosphorous limit more stringent than 1.0 ppm during the development phase of Noland's recent renovations, the plant is not currently designed to consistently treat wastewater to 0.1 ppm. It is expected that future NPDES permits will reduce the phosphorus limit, resulting in the need for this evaluation. It is also expected that this limit will ultimately be placed on White River watershed discharges as well. DISCUSSION Black and Veatch did an exceptional job in design and oversight of renovations at the Noland WWTP, and are more familiar with the treatment process than any other engineering firm. This amendment allows for the proposed study of Phosphorus removal alternatives and reflects a proposed 3 -month study period along with coordination of study alternatives and processes with McGoodwin, Williams and Yates, the design engineers for the West Side WWTP. The two firms are combining efforts in this study as both plants will probably ultimately be affected by the new NPDES requirements. BUDGET IMPACT This is a no -cost amendment to the existing B&V contract. Funds are available within the contract due to savings in work performed in the design and construction process. Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain -Fayetteville, AR 72701 B&V Amdmt3 CCMemo 5MarI0 AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND BLACK AND VEATCH CORPORATION WHEREAS, On July 15, 2003, the City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and Black & Veatch Corporation of Kansas City, Missouri (BLACK & VEATCH) entered into an Agreement for engineering services in connection with the Wastewater System Improvement Project, and in particular the Paul R. Noland Wastewater Treatment Plant Improvements - Wet Weather Improvements - Contract EP -1 and Paul R. Noland Wastewater Treatment Plant Miscellaneous Improvements EP -3 (the "Project"). The scope of these services included the final design and bidding services, and WHEREAS, BLACK & VEATCH has proceeded with these services in accordance with the scope set forth in the Agreement, and WHEREAS, CITY OF FAYETTEVILLE requests that the scope of BLACK & VEATCH 's services to be amended to provide Conceptual Design Services for the Project, and NOW THEREFORE, in consideration of the mutual covenants and Agreements herein contained, CITY OF FAYETTEVILLE and BLACK & VEATCH, the parties hereto, stipulate and agree that the Agreement for Engineering Services dated July 15, 2003, Addendum No. 1 dated September 20, 2005, and Addendum No. 2 dated June 18, 2007, is hereby amended in the following particulars: SECTION 2- BASIC SERVICES OF BLACK & VEATCH Add APPENDIX H - SCOPE OF SERVICES FOR CONCEPTUAL DESIGN PHASE attached to this Amendment No. 3. SECTION 3- ADDITIONAL SERVICES OF BLACK & VEATCH Add the following tasks to SECTION 3 - ADDITIONAL SERVICES OF BLACK & VEATCH: 3.1.1 Any Work requested by the City that is not included in one of the items listed in Work described will be considered a supplemental service. Amendment No 3-1 - Scope of Work -0305 10.doc 135045 Based on: CPS Amendment-Standard.doc received 10/8/2004 SECTION 4- CITY OF FAYETTEVILLE'S RESPONSIBILITIES Add the following tasks to SECTION 4 of Agreement: CITY OF FAYETTEVILLE will furnish and not at the expense of the BLACK & VEATCH the following items. 4.13 Provide all available treatment process data from the Noland WWTP for the last two years in electronic format. SECTION 5 - PERIOD OF SERVICE Add the following tasks to SECTION 5 of Agreement: 5.3 The services described in this Amendment are expected to be completed in accordance with the following schedule: Phosphorus Removal Study 120 calendar days from the approval of Amendment No. 3 by the CITY OF FAYETTEVILLE SECTION 6- PAYMENTS TO BLACK & VEATCH Add the following tasks to SECTION 6 of Agreement: 6.1 Compensation For the scope of services set forth in the final design and bidding phase and as may have been amended, plus the Basic Services set forth in this Amendment No. 3, CITY OF FAYETTEVILLE agrees to pay BLACK & VEATCH the amounts indicated for each phase of the work. A deduction of forty six thousand dollars ($46,000.00) shall be taken from the amount allocated for CPS in Amendment No. I and No. 2. The total payment to BLACK & VEATCH shall not exceed forty nine thousand dollars and no cents ($49,000.00) for Phosphorus Removal Study. The net total change to the contract amount shall be zero dollars ($0.00). The total payment is based on compensation amounts presented in the following table to the scopes of services set forth in this Amendment No. 3. Service Item(s) Amount Reduction of Amendment No. 1 and No. 2, ($49,000.00) Contract EP -1, EP -2 and EP -3 Phosphorus Removal Study Amendment No 3-1 - Scope of Work - 030510.doc 138636 Item 1 — Project Administration and Controls $2,500.00 Item 2 — Identify Design Parameters $4,000.00 Item 3 —Identify Phosphorus Removal $13,500.00 Alternatives Item 4 — Identify Planning Level Conceptual Cost $5,000.00 Item 5 — Phosphorus Removal Study Report $24,000.00 Total Not -to -Exceed Amount $49,000.00 Net Total for Amendment No. 1, No.2 and No. 3 $0.00 Subject to prior City Council approval, adjustment of the compensation may be made should BLACK & VEATCH establish and CITY OF FAYETTEVILLE agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed; or if CITY OF FAYETTEVILLE decides to amend the duration of work from the time period specified in the amended Agreement for completion of work and such modification warrants such adjustment. Monthly statements for each payroll month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for these services consistent with BLACK & VEATCH's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by BLACK & VEATCH and approved by CITY OF FAYETTEVILLE. Final payment for these services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of this phase for the Project. Delete Sections 6.1.3, 6.1.4, 6.1.5 and 6.1.6 of the Agreement and include the following: 6.1.3 Conceptual Design Phase Services For the Scope of Services during the Conceptual Design Phase described herein, CITY OF FAYETTEVILLE shall pay BLACK & VEATCH the sum not to exceed $100,000.00 unless amended in accordance with Paragraph 6.1.7. Amendment No 3-1 - Scope of Work -0305 I0.doc 3 138636 6.1.7 Additional Services. For authorized Additional engineering services under Section 3, "Additional Services", compensation to BLACK & VEATCH shall be negotiated at the time Additional Services are authorized. 6.1.8 The CITY OF FAYETTEVILLE agrees that the BLACK & VEATCH's not -to -exceed upper limit for this Amendment No. 3 is based on the durations indicated in Section 5.3 of this Amendment No. 3 and if the construction period or operation period is extended that the BLACK & VEATCH shall be entitled to additional compensation. 6.1.8.1 Hourly billing rates plus reimbursable direct expenses shall be used as the basis for determining payment to BLACK & VEATCH for the costs incurred by BLACK & VEATCH while providing the services described in this Amendment No. 3. Costs include but not limited to the salaries and benefits paid to employees engaged directly in providing the services and profit. The hourly billing rates are included as Appendix G in Amendment 2. 6.1.8.2 The following direct expenses are considered reimbursable and are included in the not to exceed amount. 6.1.8.2.1 Travel, subsistence, and incidental costs. 6.1.8.2.2 Use of motor vehicles on a rental basis for assigned vehicles and on a mileage basis or rental cost basis for vehicles used for short periods. Mileage basis shall not exceed 55 cents per mile. 6.1.8.2.3 Cost of acquiring any other materials or services specifically for and applicable to only this project. 6.1.8.2.4 Subcontract costs times 1.05. 6.1.8.3 The following direct expenses are also considered reimbursable and are not a part of the not to exceed amount. Amendment No 3-1 - Scope of Work -0305 10.doc 138636 6.1.8.3.1 Charges of special consultants requested by CITY OF FAYETTEVILLE. 6.1.8.3.2 Special insurance coverage required by CITY OF FAYETTEVILLE. 6.1.8.3.3 Local taxes or fees applicable to the engineering work or payments therefore. 6.1.8.3.4 Cost of acquiring any other materials or services specifically for and applicable to only this project. 6.1.8.4 It is understood and agreed that the not to exceed cost is based on the start of the services being authorized not later than February 26, 2009. If start of services is not authorized by dates given, it is understood and agreed that the not to exceed cost will be adjusted accordingly by an amendment to the Agreement. 6.1.8.5 It is understood and agreed that BLACK & VEATCH shall keep records of costs and expenses on the basis of generally accepted accounting practice and records shall be available for inspection at reasonable times. All other provisions of the original Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed this day of V(tJr1 , 20LO CITY OF FAY EVILL CAN AS By: h4ayor `��nrvnrrhrr ATTEST: >.•61Y Oc.Lei% :FAYETTEVILLE* City e • -pS' •9�'KA NSP�' J�'r� :,tijnG ...^Cp,��,.• BLACKTCV COORATION Jvtp By: Michael G. Orth Title: Vice President Amendment No 3-I - Scope of Work -0305 10.doc 138636 END OF AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Amendment No 3-1 - Scope of Work - 030510.doc 6 138636 This is Appendix H, consisting of 2 pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and BLACK & VEATCH CORPORATION dated July 15, 2003, Addendum No. 1 dated September 20, 2005 and Addendum No. 2 dated June 18, 2007. The following is the Scope of Services for the Conceptual Design Phase. H.1. General BLACK & VEATCH shall identify phosphorus removal alternatives that will achieve the desired treatment goals of a 0.10 mg/L phosphorus limit for the Noland WWTP effluent based on anticipated regulatory requirements. The anticipated new treatment expansion alternatives, based on historical cost data, shall identify the most reasonable approach for satisfying future phosphorus removal needs while maximizing the use of existing treatment components. BLACK & VEATCH shall not begin work outlined in this section without written authorization from the CITY OF FAYETTEVILLE. Specific services to be performed by BLACK & VEATCH are as follows: H.2. Management H.2.1 BLACK & VEATCH's will provide ongoing direction and management of the project. Review staffing, budget, progress, and quality of work throughout the course of the Project for BLACK & VEATCH. Provide project status reports to the CITY OF FAYETTEVILLE with each invoice. H.3. Confirm Design Parameters H.3.1. Supplement Existing Data. BLACK & VEATCH shall confirm wastewater characteristics and loadings by reviewing historic plant data. Using data collected at the Noland WWTP since the start up of the West Side WWTP, BLACK & VEATCH shall update the data review completed for the initial WSIP Noland WWTP Improvements. All data submitted to BLACK & VEATCH shall be in a recent version of Microsoft Excel. 11.4. Evaluate Phosphorus Removal Alternatives H.4.1. Develop Phosphorus Removal Alternatives. Using the data collected from the Noland WWTP and discussions with CITY OF FAYETTEVILLE staff, BLACK & VEATCH shall identify up to three (3) alternatives for phosphorus removal at the Noland WWTP or in the Fayetteville collection system. Criteria for screening each alternative shall be presented to the CITY OF FAYETTEVILLE for discussion prior to the presentation of Amendment No 3-1 - Scope of Work - 030510.docAppendix H-1 135045 0 9 the preliminary process alternatives. Preliminary process schematics, process descriptions alternatives, and a discussion on alternative feasibility based on screening criteria shall be prepared for the CITY OF FAYETTEVILLE for each alternative. H.5. Develop Conceptual Construction Costs H.5.1. Develop Conceptual Opinion of Probable Construction Costs. BLACK & VEATCH shall develop a conceptual level capital and operation and maintenance costs for the wastewater treatment facility improvements based on the three (3) alternatives selected for Phosphorus Removal. A present worth cost analysis shall be performed for each alternative. A cost coordination meeting shall be conducted with McGoodwin, Williams, and Yates, Inc. Costs shall be budgetary conceptual cost based on historical data available to the engineer. 11.6. Phosphorus Removal Study Technical Memorandum H.6.1. Prepare Technical Memorandum. BLACK & VEATCH shall prepare a draft technical memorandum for the CITY OF FAYETTEVILLE to summarize phosphorus removal alternatives and costs. Background information, process flow schematics, and recommendations generated during the study shall be compiled, organized and included in the memorandum. Based on the evaluations, further studies and future pilot testing at the Noland WWTP shall be recommended to the CITY OF FAYETTEVILLE. BLACK & VEATCH shall submit one (1) electronic copy in PDF format to the CITY OF FAYETTEVILLE for review. H.6.2. Review Workshop and Presentation. Conduct a half day workshop with the CITY OF FAYETTEVILLE and plant operating staff to review the technical memorandum and obtain CITY OF FAYETTEVILLE comments in Fayetteville. BLACK & VEATCH shall provide meeting minutes to all attendees. H.6.3. Incorporate CITY OF FAYETTEVILLE Comments and Finalize Technical Memorandum. Incorporate review comments by the CITY OF FAYETTEVILLE in the draft memorandum and provide six (6) hard copies and one (1) electronic copies in PDF format of the final memorandum. Amendment No 3-1 - Scope of Work -0305 I0.doc 138636